1 9WP.2048-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2048 OF 2011 Yogesh Vinaychandra Parikh and another. ..Petitioners. Vs. Ketan Narayanbhai Solanki and another. ..Respondents. .......... Ms. Kiran Chawla, Advocate for the Petitioners. Mr. P.S.Hingorani, A.P.P. for the State. .......... CORAM : A. M. KHANWILKAR AND P. D. KODE, JJ. DATED : 23rd SEPTEMBER, 2011. P.C. 1. Heard learned Counsel for the petitioners and learned APP for the State. 2. By this Petition, it is prayed that the FIR registered against the petitioners be quashed. First argument is that the FIR, if read, as a whole or even by clause by clause does not disclose any offence committed by the petitioners before this Court. This argument does not commend to us. On reading the FIR, it is more than clear that the acts of commission and omission of the respective petitioners have been referred to in the FIR indicating their complicity in the commission of offence in question. Accordingly, it is not possible to quash the FIR as contended. PPD 2 9WP.2048-11 3. Learned Advocate was at pains to argue that the allegations made in the complaint are palpably false, frivolous and fictitious allegations. The argument that there is no company in existence or that the petitioners in fact did not accept any amount from the complainant, is a matter of defence and cannot be the basis to quash the FIR. Accordingly, even this contention deserves to be stated to be rejected. 4. It is further submitted that the petitioners were arrested in a most unusual circumstances by the Investigating Officer after registration of the impugned FIR. We fail to understand as to how that can be a ground for quashing of FIR. At best, the petitioners' grievance is against the Investigating Officer, but, that does not mean that the allegation contained in the FIR as registered is palpably false or frivolous. 5. Suffice it to observe that no case for quashing of FIR is made out. Petition is dismissed. We place on record that the observations in this order will not come in way of the petitioners in pursuing any other appropriate remedy and is only for considering the question in the context of relief claimed of quashing of FIR. (P. D. KODE, J.) (A. M. KHANWILKAR, J.)