C.V. BHADANG, J.

1. Rule, made returnable forthwith. The learned Additional Public Prosecutor waives service for the respondent nos. 1 and 2. Shri. R.P. Desai, waives service for respondent no. 5. Heard finally by consent of parties.

2. By this petition under Article 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure, the petitioner is seeking quashing of the F.I.R. No. 134/2017 registered with the Police Station, Ponda, for the offence punishable under section 420 r/w section 34 of I.P.C.

3. The brief facts are that; the respondent no. 5 had lodged a complaint dated 5/6/2017 with the Police Station, Ponda, stating that his father had met with an accident on 13/3/2017 and was taken to the Goa Medical College hospital for treatment. He was advised to shift his father to Bombay for further specialized treatment. The complainant had accordingly arranged for an air ambulance for shifting his father to Bombay and had paid an amount of Rs. 3,50,000/- to the petitioners, who are in the business of providing air ambulance services. The gravamen of the allegations are that the petitioners failed to provide the air ambulance and thus have cheated