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

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

The Supreme Court allowed the appeal and quashed the impugned FIR because the allegations disclosed a civil/commercial dispute without elements of criminality; there was no material showing the accused had an intention to cheat from inception, and the High Court erred in directing mediation conditioned on payment of Rs.25 lakh, which amounted to assisting recovery of money through criminal process rather than requiring the complainant to pursue appropriate civil remedies.

Parties
Appellant: Shailesh Kumar Singh Alias Shailesh R. Singh; Respondent: State of Uttar Pradesh; Respondent: Respondent No.4 (informant, M/s Polaroid Media)
Jurisdiction
India
Judgment Date
14 July 2025
Procedural Posture
Criminal Appeal / Appeal From High Court Order in Writ Petition Under Article 226
Outcome
Appeal allowed; impugned FIR quashed
Legal Topics
Quashing of FIR, Abuse of Process of Law, Cheating, Criminal Breach of Trust, Mediation Direction, Recovery of Money
Criminal Law Constitutional Law Criminal Procedure Civil Law Mediation Quashing of FIR Abuse of Process of Law Cheating +3 more

Case Brief

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Parties

Shailesh Kumar Singh Alias Shailesh R. Singh

Appellant

State of Uttar Pradesh

Respondent

Respondent No.4 (informant, M/s Polaroid Media)

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Order in Writ Petition Under Article 226

Legal Issues

  1. 1 Whether the High Court erred in directing mediation and requiring the appellant to hand over a demand draft of Rs.25 lakh as a condition for mediation
  2. 2 Whether the impugned FIR ought to be quashed because the dispute between the parties is civil in nature and the FIR does not disclose criminality

Ratio Decidendi

The Supreme Court allowed the appeal and quashed the impugned FIR because the allegations disclosed a civil/commercial dispute without elements of criminality; there was no material showing the accused had an intention to cheat from inception, and the High Court erred in directing mediation conditioned on payment of Rs.25 lakh, which amounted to assisting recovery of money through criminal process rather than requiring the complainant to pursue appropriate civil remedies.

Court Disposition

Appeal allowed; impugned FIR quashed

Orders

  • Appeal allowed.
  • The impugned FIR dated 09.01.2025 (Case Crime No.12 of 2025) stands quashed.