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2017 Supreme(Mad) 792

P.N.PRAKASH
Senthil @ Senthil Kumar – Appellant
Versus
State, By the Inspector of Police – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr.D.Venkatesh
For the Respondent:Mr.A.P.Balasubramani, Government Advocate (Crl.side), Mr.T.Lenin Kumar

ORDER :


Crl.O.P.(MD)No.4631 of 2017:

On the complaint lodged by the second respondent-Rajesh, the first respondent has registered a case in Crime No.105 of 2016 for offences under Sections 147, 148, 324 and 506(ii) of the Indian Penal Code r/w 3(2)(Va) of SC/ST (Prevention of Atrocities) Act, 2016 against the petitioners.

Crl.O.P.(MD)No.4635 of 2017:

2. On the complaint lodged by the second respondent-Senthil Kumar, a case in Crime No.106 of 2016 has been registered by the first respondent police for offences under Sections 294(b), 324 and 506(ii) of the Indian Penal Code, against the petitioner herein.

3. These quash applications have been filed by the accused in the above cases on the ground that they have arrived at a compromise with the defacto complainant in both the cases.

4. Under normal circumstances, a First Information Report registered under the SC/ST Act cannot be quashed on the ground that the parties have arrived at a compromise. However, in this case, it is seen that there is a case and counter case, viz., Crime Nos.105 and 106 of 2016 and both parties belong to the same Village. That apart, Rajesh, who is a Dalit and who is the defacto complainant in Crime No.105 of 20












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