ALXIX JOSEPH @ ALEXIS JOSEPH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY means of present criminal writ petitions, the petitioners seek to quash the FIR / case crime no. 72 of 2015, under Sections 420, 406, 120B, 506 IPC, registered in police station, Kotwali Nagar, Dehradun and all other consequential proceedings arising therefrom. A further prayer has been sought to give protection to the petitioners from any possibility of arrest arising out of selfsame proceedings.

(2.) AN FIR was lodged by respondent no. 2 (duly represented by Mrs. Prabha Naithani, Advocate) against four named accused, including the petitioners, at police station, Kotwali Dehradun on 02.03.2015, for the offences punishable under Sections 420, 406, 120B, 506 IPC, in relation to an incident which occurred sometimes between 30.09.2012 to 23.02.2015.

(3.) THE Court was taken through the contents of FIR by learned Senior Counsel representing the petitioners. The principal submission of learned Sr. Counsel is that FIR in question is seeking to give criminal colour to a purely consumer dispute. It is also his submission that even if the FIR or complaint is taken at its face value and accepted in its entirety, the same does not constitute any offence, in as much as the present petitioners were not in the employment of the company when the car was purchased by respondent no. 2. It is further submitted that the car in question was purchased from the dealer.