- (1.) This petition u/S.482 Cr.P.C. has been filed on behalf of the petitioner for quashing of FIR No.604/2009 registered at Police Station Vaishali Nagar, Jaipur City (South) for offences u/Ss.384, 323 and 143 IPC.
(2.) The contention of the counsel for the petitioner is that petitioner is a Company incorporated under the Companies Act and offering financial services to its customers. In the present case, an amount of Rs.3,17,700/- has been advanced to respondents No.2 and 3, but they have not paid the money and 23 defaults are there of not paying the installments. The petitioner has right to resume the possession of the vehicle in view of the term of the hire purchase agreement and after due intimation to the concerned police station, vehicle has been repossessed as respondents No.2 and 3 have neither produced vehicle for inspection nor paid the monthly installment. In the backdrop of these facts, impugned FIR has been lodged against the present petitioner for the offence under Sections 384, 323 and 143 IPC on the ground that it has dishonestly taken the possession of the vehicle, whereas respondents No.2 and 3 are the defaulters and repossession has been rightly taken by the present petitioner, no offence has been committed by it hence, the FIR be quashed. Per contra, the contention of the Public Prosecutor is that present petitioner has no right to repossess the vehicle by way of muscle power and specific allegations have been lodged in the FIR hence, the FIR is maintainable.
(3.) Heard the learned counsel for the petitioner, learned Public Prosecutor and perused the impugned FIR.;