The FIR No.447 was registered on 5.11.2016 at 20.25 P.M., FIR No.448 on the Digitally signed by Trilok Singh Savner Date: 22/10/2018 18:13:53 4 MCRC Nos.18921/17, 19005/17 & 19016/17 same day at 21.10 P.M. and FIR No.449 also on the same day at 22.05'O Clock.All the three FIRs contain allegation relating to the alleged offence in respect of the colonies Vidya Vihar, Sai Bagh and Natural Valley.(Passed on 11/10/2018) 1/ This order will govern the disposal of MCRC Nos. 18921/17, 19005/17 & 19016/17 since it is submitted by counsel for the parties that all these MCRCs involve the same issue on the identical fact situation.2/ These MCRCs have been filed by the petitioners Taranjeet Singh Hora and Harmans Singh Hora for quashing the FIRs registered against them.In M.Cr.C. No.18921/2017 the prayer is for quashing of FIR No.449 dated 5.11.2016, in M.Cr.C. No.19005/17 the prayer is for quashing of FIR No.448 and in M.Cr.All these FIRs have been registered on the same date alleging commission of offence by the petitioners under Section 420, 467, 468, 120B and 34 of the IPC.Digitally signed by Trilok Singh Savner Date: 22/10/2018 18:13:53 2 MCRC Nos.18921/17, 19005/17 & 19016/17 3/ Learned counsel appearing for the petitioners submits that the three FIRs relate to the same transaction and they are registered in the same police station within a short interval, therefore, only one FIR ought to have been registered and the subsequent complaints should have been added in the first FIR.5/ Learned counsel for the objector has also referred Digitally signed by Trilok Singh Savner Date: 22/10/2018 18:13:53 3 MCRC Nos.18921/17, 19005/17 & 19016/17 to various documents and has submitted that the agreement dated 9.1.2010 and 31.3.2010 on which the petitioners are relying upon are prima facie fabricated documents and that in the MOU dated 13.9.2012 entered into between TDS Infra and Phoenix Infra relating to Natural Valley Colony, there was no clause relating to the tripartite agreement.He submits that different rates have been mentioned on different agreement between two companies and that the sales have been made to different parties for consideration less than what has been mentioned in the MOU between TDS Infra and Phoenix Infra which itself reveals that the agreement between TDS and Phoenix have been fabricated.3 MCRC Nos.18921/17, 19005/17 & 19016/176/ I have heard the learned counsel for the parties and perused the record.7/ The petitioners are praying for quashing of the FIR broadly on the following grounds:-i. That, for the same incident three FIRs should not have been registered, therefore, the subsequent two complaints should be investigated with the first FIR without registering separate second and third FIR.8/ So far as the first ground relating to registering the 3 FIRs is concerned, the record reflects that all the three FIRs have been registered at Police Station Betma.Accordingly, the FIR was instituted in which the name of the petitioners figure as accused.No such agreements have been mentioned in the FIR.The said report has been produced by counsel for the State in the sealed cover and on the opening of the sealed cover, it is found that in respect of Crime No.448/2016, 449/2016 and 447/2016 registered at Police Station Betma, an enquiry was conducted by the SDOP, Depalpur and he has submitted three separate reports even dated 5.6.2017 to the Dy.Inspector General of Police, Indore.In the enquiry he had found that the petitioners Taranjeet Singh Hora and Harmans Singh Hora had not committed any offence and Phoenix Infra had entered into an agreement with the prospective purchasers and received the amount, but the amount was kept with themselves and no amount was paid to AR Town Developers, therefore, Phoenix Infra had not only cheated the complainants but had also cheated AR Town Developers, therefore, the names of Taranjeet Singh Hora and Harmans Singh Hora should be deleted from the list of accused.31 MCRC Nos.18921/17, 19005/17 & 19016/17Ms. Archana Kher, learned counsel for the respondent/State.

Relevant sections: Section 420 in The Indian Penal Code; Section 468 in The Indian Penal Code; Section 120B in The Indian Penal Code; Section 467 in The Indian Penal Code; Section 471 in The Indian Penal Code; Section 406 in The Indian Penal Code; Section 409 in The Indian Penal Code; Section 34 in The Indian Penal Code; Section 302 in The Indian Penal Code; Section 465 in The Indian Penal Code