The main legal point established in the judgment is that the absence of criminality in a dispute can lead to the quashing of an F.I.R. for criminal offences.

A.I.S. Cheema, J.

1. Rule. 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.

4. Against this, the learned counsel for the complainant submitted that, after the car met with the accident, the same was parked in the M.I.D.C. area near the workshop of the applicants and the applicants did not tell as to what were the parking charges and now excessive amounts were being claimed for parking and estimation charges. Thus, according to him, the applicants, by not telling as to what would be the parking charges, have cheated the complainant and the F.I.R. was correctly filed.

5. It would be appropriate to make reference to the contents of the F.I.R. The F.I.R. mentions as follows : The complainant claims that, he along with others had gone to Thane on 20.4.2014 and they were returning on 21.4.2014 to come to Mehkar and at about 3.00 a.m., they were near Pandhari Pool, Taluka Newasa, and there was dash with the road divider. As the vehicle of complainant suffered heavy damages, the vehicle was brought on 21.4.2015 near Kankariya Workshop, M.I.D.C., Near Police Station and in parking area in the open it was kept. It was 11.00 a.m. at that time. Before that, offence had been registered at the police station and the vehicle was kept in parking near Police Station. He was not given any receipt regarding the parking. To them documents of the vehicle and copy of the complaint given to Police Station, were given. However, they asked for his identity card and the complainant had said that he will bring the same in two days, and having parked the vehicle there and having signed their papers, he had gone and informed his insurance agent. At that time, the employees and Managers of Kankariya Workshop told him that the vehicle may be kept in the parking till formalities of insurance are completed and they also told him that his papers were yet not complete and so on 31.5.2014 he again went along with documents of his vehicle and his address and deposited the documents. Thereafter, thrice he went there and the Manager told him that the parking charges of his vehicle have become Rs.90,000/-. At that time, he asked him as to how so much amount has mounted and the Manager asked him to meet the owner. In spite of his efforts, the owner could not be met and the Mobile Number of the owner was not given to him. Again in September he was told that the amount is Rs.60,000/- regarding parking. He was continuously calling up on phone and even coming to Ahmednagar and when he came on 9.1.2015 at about 11.00 a.m., he could not meet the owner, but the Manager Patil (applicant No.5), Upadhye (applicant No.3), Mulani (applicant No.4) and Mathew (applicant No.2) told him tha