SHAILESH KUMAR SINGH ALIAS SHAILESH R. SINGH versus STATE OF UTTAR PRADESH & ORS.

Citation: [2025] 7 S.C.R. 2161 · Decided: 14-07-2025 · Supreme Court of India · Bench: J.B. PARDIWALA, R MAHADEVAN · Disposal: Appeal(s) allowed
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Judgment (excerpt)

[2025] 7 S.C.R. 2161 : 2025 INSC 869
Shailesh Kumar Singh Alias Shailesh R. Singh 
v. 
State of Uttar Pradesh & Ors.
(Criminal Appeal No. 2963 of 2025)
14 July 2025
[J.B. Pardiwala and R. Mahadevan, JJ.]
Issue for Consideration
Whether the High Court erred in passing the impugned order, in the 
writ petition filed by the appellant for quashing of the FIR lodged 
by the Respondent No.4-complainant for offences punishable  
u/ss.60(b), 316(2) and 318 (2), BNS, 2023, and directing the parties 
to go for mediation and also directing the appellant to hand-over 
a demand draft of Rs.25 Lakh to the Respondent No.4 for the 
mediation; whether the impugned FIR against the appellant ought to 
be quashed as the dispute between the parties is of a civil nature.
Headnotes†
Quashing – Of FIR – Dispute civil in nature – Constitution of 
India – Art.226 – Writ petition filed by the appellant for quashing 
of the FIR lodged by the Respondent No.4-complainant for 
the offence punishable u/ss.60(b), 316(2) and 318(2), BNS, 
2023 – High Court directed the parties to go for mediation 
and also directed the appellant to hand-over a demand draft 
of Rs.25 Lakh to the Respondent No.4 for the mediation – 
Interference with:
Held: High Court may either allow the petition saying that no 
offence is disclosed or may reject the petition saying that no case 
for quashing is made out – It ought not to make an attempt to help 
the complainant to recover the amount due and payable by the 
accused – Approach of High Court, deprecated – In a writ petition 
filed u/Art.226 of the Constitution or a miscellaneous application 
filed u/s.482, Cr.PC for quashing of FIR or any other criminal 
proceedings, High Court ought to look into the averments and 
the allegations levelled in the FIR along with the other material 
on record, if any – There was an oral agreement between the 
parties – Respondent No.4 might have parted with some money 
in accordance with the oral agreement and it may be that the 
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[2025] 7 S.C.R.
Supreme Court Reports
appellant owes a particular amount to be paid to the Respondent 
No.4 – However, to constitute an offence of cheating, there has to 
be something more than prima facie on record to indicate that the 
intention of the accused was to cheat the complainant right from 
the inception – Dispute between the parties is of a civil nature – 
FIR does not disclose any element of criminality – Impugned 
FIR quashed – Code of Criminal Procedure, 1973 – s.482.  
[Paras 9-12, 15, 17]
Abuse of process of law – Dispute between parties civil in 
nature, recourse to criminal proceedings – Impermissibility:
Held: In the present case no civil suit was filed for recovery of 
money – Money cannot be recovered, more particularly, in a civil 
dispute between the parties by filing a FIR and seeking the help 
of the Police – This amounts to abuse of process of law – If the 
Respondent No.4 has to recover a particular amount, he may 
file a civil suit or seek any other appropriate remedy available to 
him in law – He cannot take recourse of criminal proceedings.  
[Paras 13, 14]
Case Law Cited
Delhi Race Club (1940) Limited v. State of Uttar Pradesh [2024] 8 
SCR 670 : (2024) 10 SCC 690 – relied on.
State of Haryana & Others v. Bhajan Lal & Others [1992] Supp. 3 
SCR 735 : (1992) Supp. 1 SCC 335 – referred to.
List of Acts
Bharatiya Nyaya Sanhita, 2023; Code of Criminal Procedure, 1973; 
Constitution of India; IB Code, 2016.
List of Keywords
Quashing of FIR; Dispute civil in nature; Civil dispute; Criminal 
breach of trust; Cheating; Intention of accused not to cheat the 
complainant from inception; Oral agreement; No element of 
criminality in FIR; Abuse of process of law; Recovery of money; 
Civil suit; Recourse to criminal proceedings not permitted; High 
Court directed parties for mediation; Judicial deprecation; Impugned 
FIR; Impugned FIR quashed; Writ petition filed for quashing of FIR.
[2025] 7 S.C.R. 
2163
Shailesh Kumar Singh Alias Shailesh R. Singh v. 
State of Uttar Pradesh & Ors.
Case Arising From
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 
2963 of 2025
From the Judgment and Order dated 07.03.2025 of the High Court 
of Judicature at Allahabad in CRMWP No. 4413 of 2025
Appearances for Parties
Advs. for the Appellant:
Ms. Sana Raees Khan, Ms. Smiti Verma, Pranay Shridhar Chitale, 
Ms. Beleena Biju.
Advs. for the Respondents:
Sarvesh Singh Baghel, Ms. Nupur Dubey, Shaurya Krishna, Anand 
Mishra, Sachin Midha.
Judgment / Order
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