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2022 Supreme(SC) 1197

AJAY RASTOGI, C. T. RAVIKUMAR
Ramesh Chandra Gupta – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Mareesh Pravir Sahay, AOR Mr. Tejas Patel, AOR Mr. Avi Singh, Adv. Mr. Manohar Pratap, Adv. Mr. Ajit Kumar Ekka, AOR Mr. Santosh Kumar, AOR Ms. Sujata Kumari, Adv. Mr. Aayushman Vatsyayana, Adv.
For the Respondent(s): Mr. Krishnanand Pandeya, AOR Mr. Vikas Bansal, Adv. Mr. Abhinav S. Aggarwal, Adv. Mr. Anish Kumar Gupta, AOR Ms. Arachana Preeti Gupta, Adv. Ms. Rita Gupta, Adv. Mr. Nisarg Chaudhary, Adv. Ms. Astha Tyagi, AOR

JUDGMENT

Rastogi, J.

1. Leave granted.

2. The instant appeals have been filed against the judgment dated 3rd February, 2021 passed by the High Court of Judicature at Allahabad dismissing the criminal miscellaneous application filed at the instance of the present appellants.

3. The dispute relates to House No.189, Mohalla Madia, Kanpur Road, Jhansi, which as per the complainant, was purchased in the name of Shravan Kumar Gupta, who was minor at that time, by means of a registered sale deed dated 4th May, 1977 and through the ostensible owner, the de-facto complainant purchased the property by registered sale deed dated 22nd December, 2018, but prior thereto, a family settlement took place in the family comprising of Ram Kumari, widow of Raja Ram Gupta and her four sons, namely, Ramesh Chandra Gupta, Ashok Kumar, Shravan Kumar and Vinod Kumar and a Memorandum of Understanding (MOU) was executed between the parties on 19th August, 2006 and in terms of the aforesaid MOU, the house came in the share of Vinod Kumar Gupta and while the Original Suit No.91 of 2015 filed at the instance of Vinod Kumar Gupta was pending adjudication, the ostensible owner Shravan Kumar Gupta executed a registered


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