JAI SINGH SEKHON, J. - (1.) THE petitioners are partners of the firm which runs its business in the name and style of Guru Nanak Rice Mills, Samina. The Punjab State Civil Supplies Corporation Ltd. (for short PUNSUP) entered into agreement, Annexure P1 with Shri Paramjit Singh, partner of this firm for supply or rice to the mill for shelling 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 this shelling mill, but the petitioners failed to deliver the requisite quantity of rice after shelling to the concerned authorities. It is alleged that superior kind of rice was supplied more than the requisite quantity and the coarse rice supplied was lesser in quantity.
(2.) ON the basis of the terms of agreement (Annexure P1) this dispute was referred to the arbitrator, who gave his award Annexure P4 on 22.1.1988. Thereafter, the Punsup got registered the present case for offence under Section 406. Indian Penal Code, against the present petitioners on 7-5-1988. The petitioners have approached this court for quashment of the FIR contending that this is a clear abuse of the process of the court in. setting a civil dispute through criminal procedure. No doubt, certain set of facts may amount to a criminal offence as well as lead to a dispute of civil nature, yet all the same, the parties cannot be allowed to use the criminal courts to wreak vengeance upon the other side especially when they had resorted to arbitration clause in the agreement and the arbitrator had already given an award. In view of the factum that the rice mill had supplied superior kind of rice more than the required standard, the possibility cannot be ruled out that this mistake in the supply of less quantity of course rice had occurred inadvertently. Under these circumstances the registration of a criminal case would certainly amount to abuse of the process of the criminal court as the dispute appears to be primarily of civil nature.
(3.) FOR the foregoing reasons, this petition is allowed and the criminal proceedings instituted against the petitioners vide the impugned FIR are quashed.;