The main legal point established in the judgment is the need to carefully consider the allegations of cheating and fraud, particularly in cases involving multiple parties and complex transactions. The judgment also emphasizes the importance of discouraging the misuse of criminal proceedings for settling civil disputes.

ORDER

1. Considering the similarity of the offences, facts & grounds involved and the joint request of the parties, all cases are being heard and decided together through a common order.

M.Cr.C. No.1433 of 2016

2. The applicant Dinesh Sharma has filed this M.Cr.C. under Section 482 of the Code of Criminal Procedure, 1973 seeking quashment of the order dated 20.11.2015 passed in Sessions Trial No.144/2015.

Cr.R. No.1643 of 2015

3. The applicants Mrs Anita Vyas and others (legal heirs of the complainant Rakesh Vyas) have filed this revision under Section 397 r/w section 401 of the Cr.P.C. being aggrieved by the order dated 20.11.2015, whereby the respondents/ accused have been discharged from the offence punishable under Sections 294, 506, 118, 167, 196, 201, 212, 218, 384, 465, 467, 468 & 471 of the Indian Penal Code.

Cr.R. No.162 of 2016

4. The applicants Mrs. Seema and another have filed this revision under Section 397 r/w 401 of the Cr.P.C. seeking quashment of order dated 20.11.2015, whereby the learned Special Judge, Ratlam directed the Chief Judicial Magistrate to frame charges against the present applicants under Sections 420 & 120-B of the IPC.

M.Cr.C. No.4396 of 2016

5. The applicant Anurag Shukla has filed the present M.Cr.C. under Section 482 of the Cr.P.C. seeking quashment of the First Information Report dated 08.10.2012 and all consequential proceedings arising out of the said F.I.R.

Facts of the case

6. The undisputed facts are that Subodh Mishra was the owner of agricultural land bearing Survey No.15/1 area of 0.210 hectare. Vide registered sale deed dated 25.06.1998, Subodh Mishra sold 0.90 hectares land out of 0.210 hectares land to Anurag Shukla. Subodh Mishra and Rakesh Vyas entered into a partnership deed to start the business. On 01.03.2009, a sale agreement said to have been executed between Anurag Shukla and Rakesh Vyas (now dead), for transfer of the ownership right of non-agricultural land bearing Survey No.15/1 area 0.090 hectare situated at Village - Salakhedi, Tehsil & District - Ratlam to Rakesh Vyas in total consideration of Rs.10,00,000/-. Thereafter, renewal of the agreement dated 31.08.2009 was signed by Subodh Mishra in the capacity of Anurag Shukla. As per the renewal agreement, Hotel Vrindavan was constructed and thereafter, land along with the building was transferred to Sai Sutli Plastic Industries for Rs.56,00,000/-.

7. A complaint dated 04.01.2010 was filed by Rakesh Vyas against Subodh Mishra that he fraudulently got executed an agreement by projecting himself as General Power of Attorney holder of Anurag Shukla and on the basis of such agreement, he had invested huge money for the construction of Hotel Vrindawan. Now neither Anurag Shukla nor Subodh Mishra is executing a registered sale deed, hence, he has been cheated by Subodh Mishra. The police recorded the statement and found that it was a civil dispute, therefore, did not take any action and advised the parties to approach the Civil Court.

8. On 11.02.2010, Rakesh Vyas filed a complaint under Section 420 of the IPC before Chief Judicial Magistrate, Ratlam in which under Section 156 of Cr.P.C. a direction was given to the police to conduct an enquiry. An investigation was carried out by the co-accused - Dinesh Sharma, the then Station House Officer, Police Station - Salakhedi after the direction issued under Section 156 of the Cr.P.C. and a report has been submitted stating that it is purely a civil dispute between the parties. According to the complainant the then Deputy Director, of Prosecution gave an opinion that prima facie Subodh Mishra committed the forgery. The allegation against Dinesh Mishra is that in his report he did consider the opinion given by the Deputy Director and concealed the same.

9. Thereafter, Anurag Shukla sold the land Survey No. 15/1 to Mrs. Seema Sharma who is wife of the brother of Dinesh Sharma, Smt. Seema Sharma W/o Umesh Sharma, and Smt. Sunita, therefore, offence under Sections 119 & 120 of the IPC has also been