The Calcutta High Court dismissed a criminal case against actress Zareen Khan regarding her absence from a 2018 Kali Puja event, ruling it a breach of contract. The court emphasized that criminal proceedings were unnecessary and inappropriate for such civil matters. This ruling highlights the principle that criminal courts should not resolve contractual disputes.
Kolkata: The Calcutta High Court on Wednesday put an end to a 2018 criminal case filed against Bollywood actress Zareen Khan, dismissing allegations related to her supposed failure to appear as a guest artist at a Kali Puja event in November 2018. The Court ruled that the matter was a civil dispute arising from a breach of contract and did not warrant criminal proceedings.
The Case and Allegations
The case, filed by a representative of Phoenix Talent Management, claimed that Zareen Khan had been paid Rs 12 lakhs to appear as a guest artist at eight Kali Puja events on November 5, 2018, but failed to show up. The complaint further alleged that her absence resulted in a financial loss of Rs 42 lakhs to the event organizers.
The charges leveled against Khan and her associates included:
- Section 406 (criminal breach of trust)
- Section 420 (cheating)
- Section 506 (criminal intimidation)
- Section 120B (criminal conspiracy)
A First Information Report (FIR) was lodged on November 16, 2018, and a chargesheet was filed in 2023, naming Khan and other co-accused. The criminal trial was ongoing before a Sealdah court when Khan sought relief from the High Court.
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The Court’s Observations
Justice Bibhas Ranjan De, while quashing the case, emphasized that the matter was purely contractual in nature and did not require criminal intervention. The Court stated:
“This whole course of action, in my humble opinion at best can be termed to be a breach of contract for which admittedly a civil suit is pending. The criminal courts are not meant to be used for settling scores or pressurize parties to settle civil disputes.”
The Court also noted that a civil suit addressing the breach of contract was already ongoing in a trial court in Mumbai, making the criminal proceedings unnecessary and inappropriate.
Arguments Presented
Senior Advocate Ayan Bhattacherjee and advocates Priyanka Agarwal and Priyanka Sarkar represented Zareen Khan, while Senior Advocate Sourav Chatterjee and advocates Satadru Lahiri and Jyotirmoy Talukdar appeared for the complainant. Advocates Madhusudan Sur and Dipankar Pramanick represented the State.
Zareen Khan’s counsel argued that the complaint was an attempt to pressure her into settling a contractual dispute and had no criminal basis. The complainant, on the other hand, alleged conspiracy, breach of trust, and defamation by the actress and her associates.
The Court’s Verdict
The High Court ruled in favor of Khan, granting her plea to quash the case and highlighting that criminal courts should not be misused to settle civil disputes.
The Court’s decision is a significant relief for the actress, who had been entangled in the legal battle since 2018. By focusing on the contractual nature of the dispute, the judgment reinforces the principle that criminal charges should not be filed in situations where civil remedies are more appropriate.
This decision serves as a reminder that criminal proceedings should not be used as a tool for coercion in purely contractual disagreements.
Case Title – Zarin Momim Khan @ Zareen Khan v. State
Read the Judgement here:
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