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KEY TAKEAWAYS

  • The Supreme Court remarked last month in a judgement that rejected criminal proceedings against a property buyer that a civil dispute had been given the appearance of a criminal offence.
  • The bench of Justices Indira Banerjee and J K Maheshwari made the above observations.

BACKGROUND

  • The High Court should evaluate whether a complaint discloses a criminal offence or not, depending on the substance of the accusation and whether the basic ingredients of a criminal offence are present or not, the court said while examining a petition seeking the quashing of criminal proceedings.
  • According to the court, Section 482 is intended to ensure that criminal proceedings do not become harassment weapons.
  • In this case a FIR was filed against the complainant's power of attorney and the property purchaser.
  • The court concluded after reviewing the FIR that the criminal proceedings are being used as a tool of harassment against the purchaser.

COURT’S OBSERVATION

  • "The FIR does not disclose any offence so far as the Appellant is concerned. There is no whisper of how and in what manner, this Appellant is involved in any criminal offence and the charge sheet, the relevant part whereof has been extracted above, is absolutely vague", the court observed.
  • The court also pointed out that the charge sheet is completely ambiguous.


QUESTIONS:

  • • What are your views on the judgement?
  • • Are criminal proceedings being really used to harass persons?

Share your views in the comments section.

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