In a judgment delivered last month, the SC held that civil disputes have been given the colour of a criminal offence with respect to a case where criminal proceedings were initiated against a property purchaser.
The bench of Justices Indira Banerjee and JK Maheshwari observed that while considering a petition seeking quashing of criminal proceedings, the High Court should examine whether a complaint discloses criminal offence or not depends on the nature of the allegation and whether the essential ingredients of a criminal offence are present or not.
In this case, an FIR was lodged against the power of attorney of the complainant and the purchaser of the property. The court examined the FIR, stating that criminal proceedings are being used as a recourse to harass the purchaser.
"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.