Criminal law ought not become platform for initiation of vindictive proceedings: SC

The criminal law ought not become a platform for the initiation of vindictive proceedings to settle personal scores and vendettas, the Supreme Court said on Monday while quashing an FIR against two persons in a cheating case.

A bench of Justices B V Nagarathna and R Mahadevan referred to a previous judgment of the apex court which said in recent years, the machinery of criminal justice was being misused by certain persons for their vested interests and for achieving their oblique motives and agenda.

''Courts have therefore to be vigilant against such tendencies and ensure that acts of omission and commission having an adverse impact on the fabric of our society must be nipped in the bud,'' the bench said.

The top court delivered its verdict on two separate pleas, including an appeal challenging a January 2024 order of the Himachal Pradesh High Court which refused to quash the proceedings against a man who was made an accused in the FIR.

The bench noted that an FIR was lodged in 2023 against two persons for alleged offences of cheating and criminal conspiracy under the erstwhile Indian Penal Code (IPC).

Dealing with the case, the bench said the complainant has failed to make out a case that satisfies the basic ingredients of the offence of cheating under Section 420 of the IPC.

''On a bare perusal of the FIR as well as the charge-sheet, we do not find that the offence of cheating as defined under Section 420 IPC is made out at all and we do not find that there is any cheating and dishonest inducement to deliver any property of a valuable security involved in the instant case,'' it said.

The bench said the FIR was filed after a delay of nearly five years and the counsel appearing for the complainant was not able to state the reason for the delay.

''Criminal law ought not become a platform for initiation of vindictive proceedings to settle personal scores and vendettas,'' it said.

The bench said to continue the criminal proceedings against the appellants would cause ''undue harassment'' to them because no prima facie case for the offence under Section 420 of the IPC was made out.

It said it was neither expedient nor in the interest of justice to permit the prosecution to continue in the case.

The bench noted while the complainant had made allegations against the appellants and a chargesheet was also filed, he had failed to justify the same before the court.

''Such actions would create significant divisions and distrust among people, while also placing an unnecessary strain on the judicial system, particularly the criminal courts,'' it said.

While setting aside the high court order, the bench quashed the FIR, the chargesheet and all consequent proceedings in the case.

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)