[Emission Cheat Devices] Supreme Court dismisses plea by Skoda Volkswagen India to quash FIR

The Supreme Court on Thursday dismissed a plea filed by Skoda Volkswagen India seeking quashing of a First Information Report (FIR) registered in Uttar Pradesh over alleged emission cheat devices installed in its cars..The judgment was pronounced by a Bench headed by Chief Justice of India, SA Bobde. Skoda Volkswagen India had appealed against a Allahabad High Court order dismissing Skoda Volkswagen India’s plea for quashing of an FIR dated July 10 registered against it in Noida. .Allahabad HC dismisses plea to quash FIR over Volkswagen's alleged installation of 'cheat device' in vehicles sold by them.The High Court while refusing to quash the FIR, had directed that company officials shall not be arrested in the case till the submission of the police report, subject to the condition that the officials shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation..Senior Advocate Abhishek Manu Singhvi appearing for Volkswagen India had submitted in Supreme Court that the National Green Tribunal (NGT) had slapped a fine on the manufacturer over installation of cheat devices but the same had been stayed by the Supreme Court earlier in 2019. The new FIR was also based on similar allegations that are now sub-judice in the apex court, he pointed out. .The NGT had on March 7 last year-imposed damages and enhanced amount of compensation amounting to Rs 500 crore against the company on a finding that a ‘cheat device’ had been installed by it during laboratory tests in its vehicles which showed lower emissions..Volkswagen Emissions: Supreme Court issues notice in challenge to NGT 500 crore fine order.The Supreme court, however, stated that proceedings before the NGT were not intended to address issues relating to individuals, such as:(i) whether any emissions manipulation software or cheat devices were installed in the vehicles purchased by certain individuals; and (ii) whether any representation was made to the purchasers of the cars in which such devices had been installed about the emission efficiency level of the cars..Volkswagen India had further argued that multiple FIRs, with identical complaints, are based on generic claims. Singhvi had also submitted that the company was exonerated by a committee set up by the NGT in another similar FIR filed in 2015..The allegation in NGT was that the engines in Volkswagen cars have cheat devices and caused environmental damage and the FIR names its officers in India and abroad, Singhvi said..The Supreme Court while refusing to stay the investigation stated that it is only in cases where no cognizable offence or offence of any kind is disclosed in the FIR that the Court will not permit an investigation to go on..[Read judgment]