CRIMINAL MISCELLANEOUS No.5334 OF 2001 ---- In the matter of an application under Section 482 of the Code of Criminal Procedure,1973. ---- SUSHIL CHANDRA VERMA, SON OF SRI LAKHAN LAL, RESIDENT OF 37, L.I.C. ;COLONY, POST OFFICE CHITRAGUPTA NAGAR, POLICE STATION PATRAKAR NAGAR, KANKARBAGH, PATNA – 20 ... ... PETITIONER. Versus 1. THE STATE OF BIHAR 2. SRI RAMESHWAR SINGH, BRANCH MANAGER, BIHAR STATE FINANCIAL CORPORATION, PATNA CENTRAL BRANCH, INDIRA BHAWAN (5TH FLOOR), RAM CHARITRA PATH, PATNA. ... ... OPPOSITE PARTIES. WITH Cr.Misc. No.14257 oF 2001 MADHU VERMA WIFE OF BASANT KUMAR VERMA, RESIDENT OF L.I.C. COLONY, P.O. CHITRAGUPTA NAGAR, P.S. PATRAKAR NAGAR, KANKARBAGH, PATNA – 20. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR 2. BIHAR STATE FINANCIAL CORPORATION, PATNA CENTRAL BRANCH, INDIRA BHAWAN, RAM CHARITRA PATH, P.S. GANDHI MAIDAN, TOWN AND DISTRICT PATNA. ... ... OPPOSITE PARTIES. ---- For the Petitioners : Mr. Ashutosh Kumar, Adv. (in Cr.Misc.5334/2001) Mr. Laxmi Narayan Das, Adv. (in Cr.Misc.14257/2001) For O.P. No.2 : Mr. Girjesh Kumar, Adv. ---- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ---- Rakesh Kumar,J. Heard learned counsel for the petitioner as well as Shri Girjesh Kumar, learned counsel appearing on behalf of opposite party no.2-Bihar State Financial Corporation (complainant). 2. The aforesaid petitions were filed with a prayer to quash entire prosecution arising out of Complaint Case No.1313 (M) of 2 1996 as well as order dated 28.10.1996 in Complaint Case No.1313 (M) of 1996 passed by Shri Prabhaker Dubey, Chief Judicial Magistrate, Patna. By the said order, the learned Magistrate has taken cognizance of offence under Sections 406, 408, 420, 120/34 of the Indian Penal Code. Learned counsel appearing on behalf of opposite party no.2- complainant (B.S.F.C) submits that during the pendency of the complaint petition, the entire dues has already been cleared by the accused persons and as such the opposite party no.2 does not want to pursue the case. 3. In view of the stand taken by the opposite party no.2, it would not be appropriate to allow the proceeding before the court below to further proceed. 4. Accordingly, order of cognizance dated 28.10.1996 as well as entire criminal prosecutions in Complaint Case No.1313 (M) of 1996 are hereby set aside and both the petitions are allowed. ( Rakesh Kumar,J.) PATNA HIGH COURT Dated 11.10.2010 N.A.F.R./N.H.