(1.) PETITIONER is the accused in C.C.No.1/2013, pending on the file of the JMFC III Court, Mysuru. He is facing prosecution for the offences punishable under Sections 468, 471 and 420 of IPC. FIR was lodged on 09.02.2011 by respondent No.2 and case in Crime No.33/2011 for the offences punishable under Sections 468, 471 and 420 of IPC was registered by the Nazarbad Police Station, Mysuru. After investigation, charge sheet was submitted to the JMFC III Court, Mysuru. Cognizance having been taken for the offences punishable under Sections 468, 471 and 420 of IPC and summons having been issued for appearance, this petition was filed under Section 482 Cr.P.C. to quash the proceedings of the aforesaid case.
(2.) ON 29.04.2015, learned advocates appearing for the petitioner and respondent No.2 filed an application under Sections 320 r/w 482 Cr.P.C. Petitioner, respondent No.2 and their sister Smt. Gundamma W/o Late D.Kalaiah, were present before the Court. It was submitted that being the real brothers and sister, have entered into an amicable settlement on their own free will and volition i.e., in terms of the compromise entered into in the matter of cancellation of a sale deed dated 06.09.2010 executed by the petitioner in favour of said Smt. Gundamma. It was also submitted that there is an agreement for execution of sale deed/gift deed by respondent No.2 in favour of Smt. Gundamma i.e., simultaneously with the execution and registration of cancellation of sale deed dated 06.09.2010.
(3.) IN the complaint filed on 09.02.2011, respondent No.2 alleged that he was the allottee of site by the Mysore Urban Development Authority and on account of non -issuance of possession certificate, he applied for the relevant documents under the Right to Information Act and when the documents were supplied by MUDA, he came to know that a person by signing as Chandru, has received the possession certificate. He further alleged that he did not sign and receive the possession certificate. Thereafter, K. Ramesh having sold the said property, under a registered sale deed dated 06.09.2010, on the strength of Power of Attorney, though no such power of attorney was executed by him, as the signature on the power of attorney does not belong to him, suspecting that there is an act of cheating, impersonation, etc., complaint was lodged. After investigation, the first respondent having submitted charge sheet against the petitioner, cognizance was taken for the offences punishable under Sections 468, 471 and 420 of IPC and C.C.No.1/2013 was registered by the learned JMFC III Court, Mysuru.