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J. B. PARDIWALA, R. MAHADEVAN
Shailesh Kumar Singh Alias Shailesh R. Singh – Appellant
Versus
State of Uttar Pradesh – Respondent
| Table of Content |
|---|
| 1. background of the case and high court order. (Para 2 , 3 , 4) |
| 2. legal provisions cited regarding offences. (Para 5 , 6 , 7) |
| 3. arguments questioning the validity of the fir. (Para 8 , 10 , 12 , 13) |
| 4. court's analysis on the nature of the dispute. (Para 9 , 11 , 14) |
| 5. court's conclusion and quashing of the fir. (Para 16 , 17 , 18) |
ORDER :
1. Leave granted.
2. This appeal arises from the order passed by the High Court of Judicature at Allahabad dated 7-3-2025 by which the High Court in a Writ Petition filed by the appellant - herein praying for quashing of the First Information Report lodged by the Respondent No. 4 - herein for the offence punishable under Sections 60 (b), 316(2) and 318 (2) of the Bharatiya Nyaya Sanhita, 2023 (for short “the BNS 2023”) directed the parties to go for mediation and simultaneously also directed the appellant - herein to hand-over a demand draft of Rs. 25,00,0000/- (Rupees Twenty Five Lakh only) for the purpose of mediation to the Respondent No. 4 (original complainant).
3. The impugned order passed by the High Court reads thus:
Criminal breach of trust and cheating – Money cannot be recovered in a civil dispute between parties by filing First Information Report and seeking help of Police.
Mere non-payment in business supply transaction does not constitute cheating under IPC Section 420 absent proof of dishonest inducement at inception; such civil disputes warrant FIR quashing to preve....
Mere breach of contract by one of parties, would not attract prosecution for criminal offence in every case.
Criminal law cannot resolve civil disputes; at least one offence is established based on uncontroverted allegations, justifying continuation of proceedings.
Mere breach of contract does not constitute cheating unless fraudulent intention is established from the outset, as per Section 420 IPC.
The main legal point established in the judgment is that if the contents of the FIR disclose commission of any offence, the same cannot be quashed under Section 482 Cr.P.C.
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