(This Crl.p is filed U/s. 482 Cr.P.C. praying to set aside the order dt.29.11.04 and quash the proceedings in C.C.No.19835/04 (PCR No.16833/04) passed by the II ACMM. B’lore City.)

As both the parties to these petitions are common and since these petitions involve common questions of fact and law, they were heard together and are being disposed of by this common order.

2. In both these petitions filed under Section 482 of Cr.P.C., the common petitioner who is accused No.1 in C.C.No.5557/04 and C.C.No.19835/04 on the file of the II Addl. CMM. Bangalore, has sought quashing of the criminal proceedings in those cases.

3. The common respondent in both these petitions is the complainant before the learned Magistrate. It is an undisputed fact that the respondent is the wife of the petitioner, their marriage having been solemnized on 12.10.1980 and from out of the said wedlock two children are born. It is also an undisputed fact that after the marriage both husband and wife lived together in U.K. till the year 2000. According to the respondent, between 1994 and 1997, a site in BTM Layout. Bangalore was acquired in the name of the petitioner from out of the joint investment made by her and her husband at a cost of Rs.24,50,000/-. The sale deed dated 05.11.1997 was obtained in favour of the petitioner herein. According to the respondent-complainant, in the year 2000 the entire family came back to India with an intention to settle down at Bangalore. However, since their daughter could not secure a seat in medical College in India, the complainant along with her children went back to U.K., while the petitioner husband stayed back in India and subsequently also, the petitioner did not join the wife and children in U.K. Thereafter, the respondent came to know that in the sale deed dated 05.11.1997, the petitioner herein with a dishonest intention of eliminating her contribution for acquisition of the property, had shown the total sale consideration of only Rs.9,50,000/-, though the total sale consideration paid was Rs.24,50,000/-. Accordingly to the respondent-complainant, she further learnt that the very site was sold by the petitioner herein under the registered sale deed dated 06.11.2003 in favour of Sri Murali Puttaparthi and P. Aswathanarayan, for a sum of Rs.86,00,000/-, however, with a dishonest intention, the consideration under the sale deed was shown only as Rs.30,24,000/- Under these circumstances, the respondent filed two complaints on 2.11.2004, one relating to the sale deed dated 05.11.1997 and the other relating to sale deed dated 06.11.2003 alleging offence under Section 423 of IPC.

4. Upon presentation of the complaints, the learned Magistrate took cognizance of the offence alleged and after recording sworn statement of the complainant, issued summons to the petitioner herein and other persons arrayed as accused in the two complaints. Pursuant to the service of summons, the petitioner herein appeared before the learned Magistrate in both the complaints and participated in the proceedings. In the meanwhile, Murali Puttaparthi and P. Ashwathanarayana who had been arrayed as accused Nos.2 and 3 in C.C.No.19835/04 filed petition before this Court under Section 482 Cr.P.C in criminal petition No.358/05 seeking quashing of the proceedings against them. The said petition came to be allowed by this Court by order dated 04.03.2005 and consequently the proceedings against them in C.C.No.19835/04 came to be quashed. It is thereafter the petitioner has presented these two petitions under Section 482 Cr.P.C. on 15.02.2006, inter-alia on the grounds that the allegations made in the complaints, sworn statements and the documents produced by the complainant taken at their face value do not disclose any offence much less the offence punishable under Section 423 IPC as alleged and inspite of the same, the learned Magistrate has taken cognizance of the same and has issued summons and that the prosecution has been launched maliciou