'Against principle of natural justice,' SC on HC dismissing quashing plea without even issuing notice

New Delhi: The Supreme Court has taken exception to a Bombay High Court's decision which declined to even issue notice to the opposite side and dismissed a plea for quashing a criminal case, initiated allegedly in a civil dispute, saying this is in violation of the principles of natural justice.

A bench of Justices B V Nagarathna and Satish Chandra Sharma set aside the Bombay High Court's order and restored the criminal application by asking the High Court to consider the matter afresh on merits and in accordance with law.

Appellants Gopal Govind Lakade and another person challenged the order of October 30, 2023 passed by the division bench of the High Court of Bombay, Aurangabad Bench.

In its order, the High Court said, "After hearing the advocate for the applicants for sometime, we are not inclined even to issue notice in this matter. Writ petition stands dismissed.”

After hearing the counsel for the appellants and the state, the bench said, the appellants herein had filed a criminal application seeking quashing of the complaint filed against them.

"If the division bench of the High Court was not inclined to even issue notice to the respondent(s), then reasons ought to have been assigned for that purpose, or in the alternative, notice should have been issued to the respondent(s) and after giving a fair opportunity to both sides, dismissed the complaint on merits," the bench said.

In the absence of any of the options being exercised by the division bench of the High Court, the bench said, "We find that the order is in violation of the principles of natural justice."

The court also said it is not able to gather any reason as to why the High Court was not inclined to even issue notice to respondents in the application filed by the appellants seeking quashing of the FIR registered against them.

In the circumstances, "We have no option but to set aside the impugned order and restore criminal application on the file of the High Court, by remanding the matter to the High Court with a request to dispose of the same on its own merits and in accordance with law," the bench said, allowing the appeal.

The counsel for the appellants submitted that there has been no consideration of the case by the division bench of the High Court. The High Court was not even inclined to issue notice to the respondents in the application. The counsel also said that there is a civil dispute between the appellants and respondent no 2, which has been given a criminal colour and an FIR has been lodged against the appellants, which was sought to be quashed.

"There being no reason whatsoever for dismissing the complaint, let alone declining to even issue notice, the impugned order may be set aside and the matter may be remanded to the High Court," the counsel urged.

The State counsel submitted that appropriate orders may be made in this appeal having regard to the nature and tenor of the High Court's order.

The respondent no 2 remained unrepresented as despite service of notice, none appeared in the matter.