The state machinery should not be used for settling disputes between private parties.

Naresh Chander Jain, J.

1. This petition has been filed under section 482 of the Code of Criminal Procedure for quashing of the criminal complaint filed by Prahlad Rai son of Inder Dev resident of village Milkhpur. The complaint was lodged with the police and the contents of the First Information Report are reproduced in paragraph No. 1 of the present petition which is reproduced here :

"It is stated that I have a number of brick kilns in village Milkhpur. I usually purchase coal for these brick kilns from the coal depot at U.P. Border, About 7 months back, I accompanied by Chabil Dass, Munshi of the brick kiln, Captain Dharam Singh, Manager of the brick kiln and Rao Sita Ram, Ex Sarpanch of Milkhpur was present at the brick kiln. Around 11. 00 a. m. Prahlad Rai Lohia son of Lachhu Ram and Vinod Kumar, son of Prahlad Rai, Caste Mahajan, of village Barwala and Jaswant Rai, son of Ram Narain near Kalpana Restaurant, Hissar came there. They are in the business of supply of coal at the U. P. Border. They had settled with me about the supply of coal and had promised to supply 159 MT of coal at the rate of Rs. 1000/-per MT. I paid them a sum of Rs. 1.5 lacs in the presence of the people sitting with me. They left after receiving the money promising me to supply 6 or 7 trucks of coal at the brick kiln within a period of 3/4 days. The coal was not supplied as per the promise. After waiting for a number of days I contacted these people. Initially they tried to put off the matter. Then I met them along with Shri Parmod Mittal, Chartered Accountant. Hissar, Kulwant Rai Advocate, Hissar, Om Parkash Goel and 3/4 more people. On the pressure of these people they stated that they were not in a position to supply the coal or repay the money and promised that in lieu there of, the truck No. UHN 443 shall be left at the brick kiln at Milkhpur within two days and further with in 10 days thereafter they will supply the coal or they will return the money and thereafter they will take the truck back.

About 3 months back Vinod Kumar and Jaswant Rai came to my brick kiln along with the truck and in the presence of a number of persons left the truck there. There after, the truck remained parked at my brick kiln for about one and half month. When I demanded the papers of the truck from Vinod kumar Jaswant Rai and wanted them to transfer the same in my name. I was told by Vinod Kumar that the truck was in the name of Vijay kumar and that I shall get the same transferred in due course of time. Even then the said persons, with dishonest intention, in order to repay my money, are dilly-dallying the matter.

I reported the matter on 22-9-1987 to police station Bawani Khera. These persons also got a false case registered against me with police station Shabibabad (U.P.) in order to keep my money. On 4-11-1987 Jaswant Rai, Prahalad Rai, Vinod Kumar and Vijay Kumar, son of Prahlad Rai came to my brick kiln at 1000 p. m. and told the Chowkidar Mr. Mamam Chand and other persons present there that the money had been paid to your Babu Ji and that they were taking the truck with them. I had gone out. When I came on November 10, 1987 and went to the brick kiln at Milkhpur, I come to know of the said incident. I contacted these persons at my own level asking them to return the truck. further told them that either the truck should be returned or I shall get a case registered in the police station against them. To escape police case they parked the truck in the Village Vedwala which is now in the possession of C. I. A. Sirsa. Jaswant Rai, Prahlad Rai, Vijay Kumar and Vinod Kumar have cheated me and have dishonestly taken the truck entrusted to me. Legal proceedings may kindly be initiated against them."

2. A bare perusal of the allegations mentioned above would make it clear that there is, hardly any allegation of entrustment and cheating made in the complaint warranting the registration of the First Information Report. In other words, the various ingredients of