Disguising a Civil Dispute as a Criminal Offence is a Valid Ground to Quash

WHAT DID THE SC SAY?

• In Usha Chakraborty v. State of West Bengal, the Apex Court quashed a criminal appeal under section 482 Cr.P.C.
• The Hon’ble Court noted that any attempt to disguise a civil dispute as a criminal offence will be met with quashing of the entire proceedings.
• The Court further noted that the application filed by the appellants u/s 156(3) Cr.P.C. lacked the essential ingredients of the provision.

WHAT IS THE CASE ABOUT? 

• In this case, the appellant filed an application in the Calcutta HC u/s 482 Cr.P.C pleading quashing of an FIR u/s 323, 384, 406, 423, 467, 468, 420, 120B of IPC.
• The Ld. Court dismissed the application and thus, a criminal appeal was filed in the Supreme Court.

APPELLANT’S CONTENTIONS: 

• The contention of the appellant was that the application filed by the respondent u/s 156(3) Cr.P.C did not disclose the commission of a cognizable offence.
• Furthermore, the appellant contended that the allegations raised by the respondent are purely of civil nature and the case cannot be filed in a criminal court.
• The appellant also argued that the respondent cannot resort to criminal remedies because he failed to obtain the civil remedies.

OBSERVATION OF THE COURT AND DECISION: 

• The Ld. Court noted that the respondent attempted to conceal the existence of the civil dispute regarding his removal from the School Secretary’s post.
• The Court observed that the jurisdiction u/s 482 Cr.P.C has to be exercised with due care and caution. 
• Reliance was placed upon the judgment passed in the Paramjeet Batra vs. State of Uttarakhand case where it was held that if a civil dispute is disguised as a criminal case, the HC can exercise its jurisdiction u/s 482 Cr.P.C and quash the proceedings.
• Accordingly, the FIR was quashed and the appeal was allowed.

What do you think about the decision of the Court? Let us know in the comments section below!