SURESHKUMAR MOTILALJI KANKARIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule made returnable forthwith and heard finally with the consent of counsel for both the sides.

(2.) The applicants are accused in F.I.R. No.7/2015, dated 10.1.2015, registered at M.I.D.C. Police Station, Ahmednagar for offence punishable under Sections 420, 506 read with Section 34 of the Indian Penal Code, 1860 (I.P.C. for short). The present application has been filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) for quashing the F.I.R.

(3.) We have heard counsel for both sides. The learned counsel for the applicants referred to the contents of the F.I.R. to submit that, even if the F.I.R. is read as a whole, it only shows a civil transaction, dragged into a criminal case. According to the counsel, the respondent No.2 ' original complainant (hereinafter referred to as complainant) had met with an accident on 21.4.2015 and his fully damaged car was brought to the service centre of the applicant and the vehicle was kept there for assessment of the damages and clearance of the insurance claim before it could be decided as to what is to be done with the damaged vehicle. The respondent No.2, who is resident of Mehkar in Buldhana district, instead of paying the parking charges and other expenses, has preferred to file a false F.I.R. to avoid payment. There is no element of cheating or criminal intimidation made out.