SHILPA AJWANI Vs. U.T. CHANDIGARH

JUDGEMENT

(1.) It would be trite to quote that a dynamic civil society having Rule of Law requires strong and efficient criminal justice system. Bounden duty of the State is that Rule of Law is guaranteed to every citizen of the country. However, criminal proceedings cannot be instituted/initiated invoking State machinery as a short cut to other civil remedies, which may otherwise be available in law, merely because the same are not equally efficacious. Neither the criminal proceedings are to be resorted for settling personal civil disputes between the parties nor to get even with an opposite party or for criminal inculpation to satisfy personal grievance. The rampant tendency of invoking State criminal machinery in the disputes arising out of commercial contracts, which are essentially civil in nature, needs to be deprecated. In this context, the Apex Court in case titled as "Sheo Nandan Paswan vs. State of Bihar and others" 1987(1) SCC 288 observed thus:

(2.) The petitioners herein seek quashing of FIR No. 245 dtd. 5/8/2015 registered under Ss. 406 and 420 IPC read with Ss. 3 and 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (for brevity, Act of 1978), at Police Station Sector 31, Chandigarh. As a sequel thereof, quashing of consequential proceedings of investigation by the Economic Offences Wing, Chandigarh has also been sought. I propose to dispose of both the above petitions by this common order.

(3.) Petitioner in CWP No. 19355 of 2015, namely, Tupperware India Private Limited' (for brevity, the Company) is registered under the Companies Act. It is engaged in the business of manufacturing and selling various products, including design centric preparations, storage and serving solutions for the kitchen and dining through its internationally and domestically known brand "Tupperware".