Dinesh Kumar Mathur vs State Of M. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 24

C. T. RAVIKUMAR, SANJAY KAROL
Dinesh Kumar Mathur – Appellant
Versus
State Of M. P. – Respondent

Advocates Appeared:
For the Appellant(s) : Mr. Pramod Dayal, AOR
For the Respondent(s): Mr. Sarad Kumar Singhania, AOR Ms. Rashmi Singhania, Adv.

JUDGMENT :

(Sanjay Karol, J.)

1. Impugned in this appeal is the judgment and order dated 28th April, 2017 of the High Court of Madhya Pradesh, Jabalpur (Bench at Indore) passed in Misc. Criminal Case No.12383 of 2016, whereby a petition under Section 482 of the Code of Criminal Procedure, 1973¹[For short, Cr.P.C.] seeking quashing of the First Information Report dated 14th May, 2016 and subsequent proceedings in Crime No.241 of 2016, was refused.

2. The facts, as emanating from the record, are that: -

2.1 House No.D-90, Dindayal Nagar, Ratlam, was allotted on hire purchase basis to one Gopaldas s/o Narayandas, vide agreement between him and the Madhya Pradesh State Housing Board on 10th January, 1991. He sold the said property, and handed over possession thereof, to one Mangi Bai upon receipt of Rs.12,500/- as consideration. It was agreed inter se these parties that upon being granted the registration of the house, Gopaldas would execute a sale deed in favour of Mangi Bai. An agreement to sell to such effect was drawn up on 11th January, 1991.

2.2 Mangi Bai, subsequently for a consideration of Rs.19,000/- sold the said property to respondent No.2²[Hereinafter, the ‘complainant’], vide