Summary
The Court declined to quash a vehicle purchaser’s FIR alleging deception concerning emission-control defeat devices. Pending appeals against the NGT’s environmental compensation order and the interim protection in those appeals did not bar investigation of the purchaser’s distinct allegations. Disputed purchase details and the alleged representations required investigation; delay alone did not justify quashing.
Issues
- Whether pending NGT appeals and an interim no-coercive-steps order barred a purchaser’s criminal complaint.
- Whether disputed vehicle-purchase details and delay justified quashing the FIR.
Held
- Whether the complainant bought three or seven vehicles was a disputed factual question for investigation or trial, unsuitable for resolution in a petition to quash the FIR. Mere delay in lodging the complaint did not by itself justify quashing. (¶¶ 18, 19)
- The NGT proceedings addressed environmental harm and general regulatory relief rather than purchasers’ individual claims of misrepresentation. The interim no-coercive-steps order in the NGT appeals concerned the Tribunal’s compensation and prosecution-related directions; it did not prevent an individual purchaser from lodging a police complaint. (¶¶ 22, 23, 24, 25, 26, 27, 39, 40)
- Whether defeat devices were installed in the complainant’s vehicles and whether representations were made to him were individual factual matters. The Court would not speculate on the manufacturer’s defence or decide those disputed matters at the quashing stage. (¶¶ 35, 36, 37, 39)
- Quashing must be exercised sparingly; courts cannot test the reliability or genuineness of allegations as though conducting an evidentiary enquiry. The allegations here warranted investigation, and the existing conditional protection against arrest until filing of the police report afforded no basis for further interference. (¶¶ 14, 40, 41, 42)
Result
Special leave petition dismissed without costs. The refusal to quash the FIR and the High Court’s conditional protection against arrest until submission of the police report remained undisturbed; no guilt was adjudicated.