ORDER

This petition has been filed to quash the proceedings in CC.No.71 of

2019 on the file of the learned Judicial Magistrate, Kangayam, thereby taken cognizance for the offences under Sections 120B, 417, 420, 423, 465, 468, 471 of IPC and Section 82 (d) of Registration Act, 1908, in Crime No.1847 of 2011, as against the petitioner.

2. Though notice was served on the second respondent and the name is printed in the cause list, no one appeared on behalf of the second respondent before this Court in person or through pleader.

3. On the complaint lodged by the second respondent, the first respondent registered FIR in crime No.1847 of 2011 for the offences under Sections 468, 471, 420, 423 and 120B of IPC as against three persons, in which the petitioner is arrayed as A2. The first respondent, after completion of investigation, filed final report and the same has been taken cognizance in CC.No.71 of 2019 for the offences under Sections 120B, 417, 420, 423, 465, 468, 471 of IPC and Section 82 (d) of Registration Act, 1908 against three accused persons, in which the petitioner is arrayed as A2.

4. The case of the prosecution is that the third accused had purchased the subject property admeasuring 2.57 acres comprised in RS.No.87/2 (old survey No.133/1), Ganapathipalayam Village, Kangayam Taluk, Tiruppur District by the registered sale deed vide document No.1280 of 1965. Further, he was allotted 8.19 acres comprised in RS.Nos.88/1, 93/8, 95/5, 95/6 and 95/13, Ganapathipalayam Village by virtue of partition deed dated 15.07.1968 registered vide document No.1398 of 1968. He sold the property admeasuring 2.57 acres to the second respondent / defacto complainant by the registered sale deed dated 08.11.2005 vide document No.2391 of 2005. Later, the third accused executed power of attorney dated 23.01.2006 in favour of the first accused, in which he also added the above said property admeasuring 2.57 acres comprised in RS.No.87/2. The petitioner entered into an agreement for sale by an agreement dated 15.04.2006 in respect of the entire extent of the land which was allotted in favour of A3 by the partition deed dated 15.07.1968. The petitioner had purchased the said property through his power agent i.e. first accused by the registered sale deed dated 19.07.2006 vide document No.1796 of 2006. Due to inadvertence, the subject property comprised in RS.No.87/2 admeasuring 2.57 acres was also included in the power of attorney as well as the sale deed dated 19.07.2006 executed in favour of the petitioner herein.

5. In the meanwhile, four daughters of the second respondent have filed suit for partition and separate possession in OS.No.24 of 2006 on the file of the learned District Munsif Court, Kangayam against the second respondent i.e. their father. However, the petitioner was not made as a party. While pending the suit, the petitioner filed petition to implead himself as a party and the same was dismissed. Aggrieved by the same, the petitioner also filed civil revision petition before this Court and and the same was allowed and he has been impleaded as a party in the suit for partition. While being so, after period of so many years, the second respondent filed complaint on 29.07.2011 alleging that the subject property was already purchased by him by the registered sale deed dated 08.11.2005. The very same property was again sold out in favour of the petitioner herein. On the said complaint, the petitioner was called for enquiry. Immediately the petitioner caused legal notice dated 13.12.2011 to the second respondent herein expressing his readiness to rectify the mistake by executing any document in respect of the disputed property admeasuring 2.57 acres comprised in survey No.87/2. However, the second respondent has not come forward to get a document for rectifying the mistake. Therefore, the petitioner was constrained to file suit in OS.No.103 of 2012 on the file of the Sub Court, Kangeyam and renumbered as OS.No.384 of 2017 as against the seco