Civil Dispute Is Turned Into a Criminal Offense: Supreme Court Says Criminal Proceedings Shouldn’t Be Used As Harassment Instruments
The Supreme Court comments last month in a decision that rejects criminal proceedings against a property buyer that; a civil dispute had been given the appearance of a criminal offence.
The High Court should examine whether a complaint discloses a criminal offence or not depending on the nature of the allegation and whether the essential ingredients of a criminal offence are present or not when considering a petition seeking quashing of criminal proceedings, according to Justices Indira Banerjee and JK Maheshwari.
The goal of Section 482 is to ensure that criminal proceedings do not become weapons of harassment, according to the court.
In this matter the complainant files an FIR against the 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. “In the case of the Appellant, the FIR does not reveal any criminal activity. There is no indication that this Appellant involves in any illegal activity. And, the charge sheet, the relevant portion of which has been quoted above, is completely vague “, the court pointed out.
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