The judgment establishes the necessity of establishing facts at trial, the stringent exercise of power to quash criminal proceedings, and the caution in exercising inherent powers.

B.K. Sharma, J.

1. Heard Mr. P.K. Deka, learned Counsel for the petitioner. Also heard Mr. A.K. Goswami, learned Senior counsel assisted by Mr. S. Banik, learned Counsel for the respondents.

2. This is a quashing proceeding initiated by, the petitioner under Section 482 Cr.P.C. in respect of complaint case No. 356C/2005 pending in the Court of the learned Special Judicial Magistrate, Kamrup, Guwahati. The complaint case has been filed by the respondent herein alleging inter alia that the petitioner No. 1 who is the Director of petitioner No. 2 Company has committed an offence under Section 420/406/409/34 IPC against the respondent/complainant in deceiving him to part with an amount of Rs. 4,11,763 (Rs. 3,00,000 + Rs. 1,11,763) which he took as the consideration money for delivering, an Ambulance as the agent of M/s. Mahindra & Mahindra Ltd. The vehicle having not been delivered in spite of repeated requests, it is alleged in the complaint that the accused/petitioners have cheated the complainant/respondent.

3. Upon filing of the complaint, the complainant was examined by the trial Court alongwith another witness and took cognizance of the case registering the same under Section 420/406/409/34 IPC and issued summons to the accused/petitioners and others named in the complaint. The petitioners seek quashing of the proceeding so initiated on two fold grounds of there being no ingredients so as to constituted offence under Section 420/406/409/34 IPC and pendency of a consumer protection case being CPC No. 39/04 before the District Consumer Redrosssal Forum, Guwahati.

4. On being pointed, out that the consumer case being altogether on a different issue and the liability under both the proceedings being different, there is no bar in proceeding with the complaint case, the learned Counsel' for the petitioners has confined his argument to the second ground, i.e., there is no ingredient to constitute an offence under the aforesaid provisions of IPC.

5. I have carefully considered the submissions made by the learned Counsel for the parties and have taken into consideration the materials on record. Needless to emphasize that a criminal complaint cannot be quashed merely on the basis of assertion of the accused. Facts may have to be established on evidence at the trial. It is the well settled law that the power of quashing criminal proceedings should be exercised very stringently and with circumspection. At this stage as in the instant case, the Court is not justified in embarking upon an enquiry as to the reliability or geniuses or otherwise of the allegations made in the complaint. Needless to say that the inherent powers do not confer an arbitrary jurisdiction on the Court to act according to its whims or caprice. At this stage, the Court cannot go into merits and/or come to a conclusion that there was no breach of trust or cheating.

6. In the instant case, the facts as disclosed in the complaint have not been controverted. However, it is the submission of the learned Counsel for the petitioners that the ingredients so as to prima facie constitute an offence under Section 420/406/409/34 IPC are missing and the nature of grievance raised in the complaint can at best constitute a civil dispute. I am unable to accept the submission of the learned Counsel and rather inclined to accept the submissions made by the learned Counsel for the complainant/respondent that the fact having been admitted, it prima-facie constitutes the offence for which the learned Magistrate has taken the cognizance.

7. Nothing has been stated or could be pointed out as to why the vehicle in question could not be delivered inspite of accepting the value for the same. The amount taken has also not been returned. It is under these circumstances, it has been alleged in the complaint that the complainant was induced by the accused persons on the basis of the promise of delivering the Ambulance after receiving the full payment which led to parting with the hard earned mo