Shailesh Kumar Singh Alias Shailesh R. Singh vs State Of Uttar Pradesh 2025 INSC 869 - S.482 CrPC - Civil Disputes - Settlement
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Code of Criminal Procedure 1973 - Section 482 - Civil Disputes - Money cannot be recovered, more particularly, in a civil dispute between the parties by filing a First Information Report and seeking the help of the Police. This amounts to abuse of process of law. (Para 13)
Code of Criminal Procedure 1973 - Section 482 - In this case, HC directed accused-petitioner to appear before the Mediation and Conciliation Centre for the purpose of settlement - In appeal, SC observed: That’s not what is expected of a High Court to do in a Writ Petition filed under Article 226 of the Constitution or a miscellaneous application filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR or any other criminal proceedings. What is expected of the High Court is to look into the averments and the allegations levelled in the FIR along with the other material on record, if any. (Para 16) Why should High Court make an attempt to help the complainant to recover the amount due and payable by the accused. It is for the Civil Court or Commercial Court as the case may be to look into in a suit that may be filed for recovery of money or in any other proceedings? (Para 11)
Bharatiya Nyaya Sanhita 2023 - Section 318 - [IPC - Section 420] : 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. (Para 10)
