NAURATI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition under Sec. 482 Cr.P.C. has been filed for quashing of FIR No.336 dtd. 8/7/2005, registered under Ss. 406, 420, 500 and 506 IPC at Police Station Civil Lines, Karnal and the consequential proceedings arising therefrom.

(2.) Briefly put, the allegations as made in the complaint is that the air condition was installed by the petitioner in the building of the complainant after causing harassment to him i.e. not settled within the time frame and even the entire work was not completed. The safety control was connected and thereafter, connected with the compressor directly with malafide intention to cause harm to the complainant's building. The warranty card was also not supplied.

(3.) Initially, respondent No.2 had filed a complaint under Sec. 12 of the Consumer Protection Act to which, the petitioner filed written statement, Annexure P-2, whereafter the same was withdrawn by him vide Annexure P-3 after pursuing the same for 2 years, with liberty to file a civil suit. Besides the aforesaid, he also filed a criminal complaint dtd. 15/6/2005, Annexure P-4 under Sec. 156(3) Cr.P.C. before the Chief Judicial Magistrate, Karnal, upon which, FIR No.336 dtd. 8/8/2005 was registered under Ss. 406, 420, 500, 506 IPC at Police Station Civil Lines, Karnal against the petitioner and the Managing Director of Blue Star limited, with same very allegations as averred in the complaint. The final report under Sec. 173 Cr.P.C. was presented in the Court on 10/10/2006, whereby Mathew Varghese, working as Deputy General Manager of M/s Blue Star Ltd was not challaned, whereas the petitioner being the installer was challaned. Consequently he was wrongly charge-sheeted vide order dtd. 18/9/2006 by the learned trial Court.