KUNAL JUNEJA Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for quashing of FIR No. 40 of 2022, dtd. 16/2/2022, registered at Police Station Shimla (West), District Shimla (HP), for the commission of offences punishable under Ss. 451 and 504 read with Sec. 34 of Indian Penal Code (hereinafter referred to as "IPC") and the consequential proceedings arising out of the FIR. (Parties shall hereinafter be referred to in the same manner as they are arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present petition are that the informant made a complaint to the police that he is running a workshop in the name f Rishikesh Car Care at Chakkar Shimla, which is engaged in servicing, dry cleaning, polishing, painting, and other mechanical works. The petitioner, Kunal Singh Juneja, purp rting to be the owner of the vehicle bearing registration number PB-03AP-3880, got the vehicle serviced as per his choice. The total cost of the work was Rs.72,530,.00 out of which the petitioner paid Rs.40,000.00 and promised to pay the remaining amount of Rs.32,530.00 within a day or two. The informant delivered the possession of the vehicle to the petitioner on 14/1/2022, along with the original bills of spare parts, labour, and other items. The petitioner failed to pay the amount within the stipulated time, and the informant requested him to pay the remaining amount, but in vain. The petitioner and two other persons came to the informant's garage on 17/1/2022 in the vehicle bearing registration number PB-03AP-3880, armed with sticks. They abused and beat the informant. The informant was saved by the employees of the workshop and other persons present on the spot. The petitioner threatened to kill the informant on the next occasion. The police registered the FIR and investigated the matter. The police found after the investigation that the petitioner had delivered the car for repair to the inf rmant's workshop. The petitioner visited the workshop o ake delivery of the vehicle and paid Rs.40,000.00 out of Rs.72,530..00 The petitioner did not find the work satisfactory, and he ret rned with his friends, Ashutosh Shandilya and Shubham Singh, to the informant's workshop on 17/1/2022. All of them gave beatings to the informant. The police filed the charge sheet before the Court after the completion of the investigation.

(3.) Being aggrieved by the registration of the FIR and the filing of the charge-sheet, the petitioner has filed the present petition for quashing of the FIR and the consequential proceedings arising out of the FIR. It has been asserted that the petitioner approached the informant for the repair of his car. The informant quoted an estimate of Rs.40,000.00 to 50,000/-. The petitioner agreed and left his car with the informant for repairs. The petitioner visited the informant's garage and requested the delivery of the vehicle; however, the informant demanded Rs.73,000.00 without providing the details of the expenses. This led to the exchange of hot words. The informant made a false complaint against the petitioner. The informant was not medically examined, which shows the falsity of the informant's complaint. The ingredients f Ss. 451 and 504 of IPC are not satisfied. The pe i ioner had visited the garage to take delivery of his vehicle. A civil dispute is being converted into a criminal case. There was a delay of one month in reporting the matter to the P lice. The continuation of the FIR is an abuse of the process of the Court. Therefore, it was prayed that the present petition be allowed and the FIR and consequential proceedings arising out of the FIR be quashed.