TATA MOTORS FINANCE LTD. Vs. STATE AND ANR.

JUDGEMENT

(1.) THIS petition has been filed for quashing of FIR No. 24 of 2010, P.S. Harsh Vihar, registered Under Section 392/411/34 IPC on the basis of compromise. Notice of the petition was sent to Respondent who stated that he was not bound by the compromise and did not agree for quashing of FIR.

(2.) BRIEF facts relevant for disposing of this petition are that Respondent had taken a car on hire -purchase basis from the Petitioner and stopped payment of EMI of the car. In terms of the contract, the car was repossessed by the agents of the Petitioner when the Respondent was on road with the car. The Respondent lodged a report with the police that there was an amount of Rs. 30,000/ - cash lying in the car when it was forcibly taken away by the agents of the Petitioner. The car was seized by the police and an application for superdari was made by both, the Petitioner and the Respondent. The Petitioner claimed ownership of the car in terms of the contract since EM Is were not paid. During pendency of the two applications for release of car on superdari, the parties wanted to negotiate the matter and hence they were sent to Mediation Centre. In Mediation Centre, it was agreed that if Respondent paid up -to -date amount of EM Is totaling to Rs. 57,900/ -, the Petitioner shall not oppose the vehicle being released in favor of Respondent on super Dari. A detailed Memorandum of Understanding (MoU) was entered into by the parties which contained an obligation on Respondent that the FIR shall be got quashed and that the Respondent shall cooperate in the quashing of the FIR. In view of this MoU, this petition has been filed.