SHYAM BABU GUPTA Vs. STATE GOVT OF NCT

JUDGEMENT

(1.) The present petition has been filed under Section 482 Cr.P.C. seeking quashing of the FIR No.257/04, registered against the petitioners under Section 406 IPC at P.S. Malviya Nagar.

(2.) The crux of FIR is that the complainant/respondent no.2 purchased a three-wheeler scooter by getting it financed from the petitioners. Thereafter, he had paid some monthly instalments. On 9th September, 2002 he had given his three-wheeler scooter to his driver for plying, when two persons occupied the scooter from Sai-Du-la-jab as passengers and came to Saket and after reaching Saket, they told the driver that they are from the finance company and since the instalment has not been paid, they are taking the vehicle. The complainant reached at the spot. Both the petitioners told the complainant that, since he had not paid the instalment, they are taking the vehicle and shall return the same only after he makes the payment. The complainant informed the police, who also told him that he can take the three-wheeler by paying the instalment. After two days, when the complainant went to deposit the instalment, petitioner no.1 told him that they had sold the vehicle and he would not get back and nothing is due from their side. Accordingly, on the complaint of the complainant, present case has been registered under Section 406 IPC against the petitioners.

(3.) It has been argued by learned counsel for the petitioners that since the parties have reached a settlement and money has been paid to the complainant, the compromise should be accepted and the FIR should be quashed.