Supreme Court warns against misuse of criminal law, quashes cheating FIR filed to settle personal scores, emphasizing that vindictive proceedings cannot be initiated without proven mens rea.
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NEW DELHI: The Supreme Court of India, on September 15, 2025, delivered a significant ruling emphasizing that criminal law should not be misused for personal vendettas or as a tool to settle private disputes. In a landmark decision, a bench comprising Justices B.V. Nagarathna and R. Mahadevan quashed a 2023 cheating FIR and subsequent charge sheet filed against two businessman brothers, Paramjeet Singh and Sarabjit Singh, holding that the allegations arose solely from a contractual disagreement dating back to 2017.
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Background of the Case
The dispute originated from a sale-purchase agreement between the appellants’ business firms, M/s Sardara Singh & Sons, M/s Saini Engineering Works, and M/s Soma Stone Crusher for the supply of a sand ruula machine. The purchaser issued a cheque for Rs 5 lakh, which was returned due to stop payment. While a cheque dishonour case was promptly filed, the FIR alleging cheating was lodged nearly five years later, claiming that the supplied machine did not conform to the agreed specifications.
Supreme Court’s Observations
The Supreme Court examined the matter thoroughly and made several crucial observations:
- Criminal Law Cannot Be a Platform for Vendetta
The Court stressed that criminal proceedings cannot be used to harass or intimidate individuals. Allowing such misuse undermines both individual liberty and public confidence in the justice system. - Mens Rea Is Crucial for Cheating Charges
For an offence under Section 420 IPC (cheating), the complainant must prove that the accused had a fraudulent or dishonest intention at the time of making the promise or representation. Mere breach of contract or vague allegations do not suffice. - Delay in Filing FIR Raises Suspicion
The nearly five-year delay in lodging the FIR, without a proper explanation, was seen as indicative of mala fide intentions. The Court highlighted that such a delay casts doubt on the complainant’s credibility. - Civil Remedies Are Available
The Court clarified that while the complainant could pursue civil remedies for damages under contract law, criminal prosecution cannot be misused when the ingredients of cheating are absent.
Reliance on Landmark Judgments:
The bench referred to several precedent-setting cases to reinforce its decision:
- Vishal Noble Singh v. State of Uttar Pradesh (2024) – Warned against criminal proceedings being misused for vested interests.
- Vesa Holdings P. Ltd. v. State of Kerala (2015) – Held that breach of contract alone does not amount to cheating.
- Inder Mohan Goswami v. State of Uttaranchal (2007) – Highlighted that criminal law should not serve as an instrument of harassment or personal vendetta.
- State of Haryana v. Bhajan Lal (1992) – Laid down categories of cases where criminal proceedings may be quashed to prevent abuse of process.
Supreme Court Verdict:
After examining the FIR, charge sheet, and all supporting documents, the Court concluded that the allegations against Paramjeet Singh and Sarabjit Singh were unsustainable, vague, and mala fide. The bench allowed the special leave petition against the Himachal Pradesh High Court judgment of January 2, 2024, which had refused to quash the proceedings, and quashed both the FIR and the charge sheet.
The Court’s declaration was firm:
“Criminal law ought not to become a platform for initiation of vindictive proceedings to settle personal scores and vendettas. The appellants could not be attributed any mens rea and therefore the allegations levelled by the prosecution are unsustainable.”
Case Title:
Case Title: Paramjeet Singh v. State of Himachal Pradesh & Ors
Special Leave Petition (Criminal) No.3415 of 2024
Read Judgment:
