CHATUR SINGH Vs. STATE

JUDGEMENT

(1.) THESE are two petitions under Section 482 Cr.P.C. seeking quashing of FIR No.628/2004 under Sections 323/379/384/392/420/506/34 IPC registered at PS Prashant Vihar, Delhi.

(2.) SINCE both the petitions have arisen out of common FIR No.628/2004, therefore, both the petitions are being disposed of by this common order.

(3.) THE brief facts of the case are that complainant Satish Goel lodged a complaint that he entered into HP Agreement on 25.06.2001 for purchase of car and a loan of Rs.2,64,600/ - was sanctioned to him. The amount of loan was to be repaid in 41 installments of Rs.7,700/ - each w.e.f. June 2001 till November 2004. The complainant purchased a car bearing registration No. DL 8C G 4152 and repaid 22 installments without any default. The complainant defaulted in payment of 10 monthly instalments. The complainant offered to return the vehicle but the petitioner refused and instead asked the complainant to pay lump sum of outstanding amount of Rs.77,000/ -. On 09.03.2004, complainant paid the amount of Rs.77,000/ - and the petitioner issued receipt for the same. On 07.06.2004 when the complainant along with his friend, Praveen Rana were going to his house, they were stopped by two persons who came on motor cycle. They pulled out the complainant & gave beating to him and snatched away the car bearing registration No. DL 8C G 4152. The complainant made a complaint to the police. Thereafter, on the directions of Metropolitan Magistrate, Delhi, FIR No.628/2004 under Sections 323/379/384/392/420/506/34 IPC was registered at P.S. Prashant Vihar, Delhi.