PARAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of the Criminal Procedure, 1973 (hereinafter referred to as the Code) relates to quashment of first information report No. 78 dated 7th May, 1988, Annexure P/6, under section 406 of Indian Penal Code, registered at Police Station, Samana, District Patiala.

(2.) IN brief facts relevant for the disposal of this petition are that the petitioner who is co-partner of firm which carries on its business under the name and style of Guru Nanak Rice Mills, Samana, entered into an agreement Annexure P/l, with the Punjab State Civil Supplies Corporation Ltd. (hereinafter referred to as 'PUNSUP') for supply of rice to the mill for she lling purposes. Thereafter this rice was to be delivered to Food Corporation of India and others in the account of PUNSUP. The PUNSUP supplied various qualities and quantities of rice to the firm of the petitioner for shelling. However, the petitioner firm failed to deliver the requisite quantity of rice after shelling to the concerned authorities. It was further alleged that superior kind of rice was supplied more than the requisite quantity and the coarse rice supplied was lesser in quantity.

(3.) THE petitioner filed the present petition for quashment of the impugned first information report whereas other co-partners, namely, Mrs. Manjit Kaur and Joga Singh filed Criminal Misc. No. 2677-M of 1989 which was decided by brother Shekhon, J. on 8th January, 1993 and the impugned first information report was ordered to be quashed on the ground that the parties had resorted to arbitration clause in the agreement and the fact that arbitrator had already given an award, registration of criminal case would amount to abuse of the process of the criminal Court as the dispute appears to be primarily of civil nature.