DHRUV ASHOKBHAI JAGANI v. THE STATE OF GUJARAT

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL No. of 2024 [Arising out of SLP (CRL.) No.9762 of 2024]

1. Leave granted.

2. Invoking the jurisdiction under Section 482, Code of Criminal

Procedure, 19731 to quash the First Information Report2 bearing C.R.

No. 11210069230852 of 2023 registered with Althan Police Station,

District Surat, under Sections 420 and 506(2) of the Indian Penal

Code3 as well as proceedings arising therefrom, the appellant had

approached the High Court of Gujarat at Ahmedabad. Vide

impugned judgment and order dated 9th July, 2024, a learned Single

Judge of the High Court declined interference. Assail in this appeal is

to such judgment and order.

3. We have heard learned counsel for the appellant, the

respondent no.1-State and the respondent no.2-complainant4.

4. Perusal of the FIR reveals that the complainant had entered

into an agreement for sale with the appellant in respect of an

1 Cr. PC 2 FIR 3 IPC 4 complainant

immovable property. An advance of Rs.65,00,000/- (Rupees sixty-

five lakh), in cash, had been paid by the complainant to the

appellant; however, later, it was disclosed to the complainant that

the said immovable property was a mortgaged property and that

the secured creditor had initiated proceedings under the SARFAESI

Act in ...