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Supreme Court of India 2020-11-26

SKODA AUTO VOLKSWAGEN INDIA PRIVATE LIMITED vs THE STATE OF UTTAR PRADESH & ORS

Bench: 3 — S.A. Bobde, A.S. Bopanna, V. Ramasubramanian

In Brief

Skoda Auto Volkswagen India sought to quash a criminal FIR filed by a consumer alleging fraudulent misrepresentation regarding installation of defeat devices (emission-manipulation software) in vehicles he purchased. The company argued the complaint's substratum was already sub judice before the Supreme Court in appeals against an NGT environmental damage order. The Supreme Court dismissed the SLP, holding that an individual consumer's complaint alleging personal fraud and misrepresentation is not barred by pending civil proceedings on broader environmental remediation. Courts cannot quash an FIR when it discloses a cognizable offence; disputed factual questions must be resolved during investigation and trial, not quashing stage."

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Criminal Procedure Quashing of FIR Environmental Law Consumer Protection Automotive Industry Fraud and Misrepresentation Defeat Devices NGT Jurisdiction Police Investigation

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