IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26133 of 2007 1. MD. EHSANUL HAQUE @ M.E.HAQUE, S/o late Ganimat Hussain, Member, Board of Director, the Central Bank Employees Savings & Credit Self Supported Co-operative Society Ltd. Head Office – Supaul 2. Chandra Mohan Thakur, S/o Late Raghunandan Thakur, Member, Board of Director, the Central Bank Employees Savings & Credit Self Supported Co- operative Society Ltd. Head Office – Supaul 3. Arbind Vishwakarma, S/o Late Harinandan Sharma, Member, Board of Director, the Central Bank Employees Savings & Credit Self Supported Co- operative Society Ltd. Head Office – Supaul 4. Molo Kamti, Son of Sri Bhulan Kamti, Treasurer , the Central Bank Employees Savings & Credit Self Supported Co-operative Society Ltd. Head Office – Supaul 5. V.N. Pathak, Son of Late Ambiknand Pathak, Member, Board of Director, the Central Bank Employees Savings & Credit Self Supported Co-operative Society Ltd. Head Office – Supaul 6. Ranjan Kumar Gupta @ Ranjan Kumar, Son of Sri Ashutosh Kumar Gupta, Member, Board of Director, the Central Bank Employees Savings & Credit Self Supported Co-operative Society Ltd. Head Office – Supaul 7. Md. Jamal Uddin, Son of Late Ganimat Hussain, Office Superintendent, the Central Bank Employees Savings & Credit Self Supported Co-operative Society Ltd. Head Office – Supaul ….. Petitioners Versus 1. STATE OF BIHAR 2. Shyam Sundar Prasad, S/o Sri Brahamdeo Prasad, M/s Shyam Jewellers, R/o Gandhi Path, Saharsa, P.S. & District – Saharsa. … Opp. Parties ----------- For the petitioner : Mr. S.K.Verma, Advocate For the State : Mr. Jharkhandi Upadhaya, A.P.P. For O.P. No. 2 : Mr. Arun Kumar Srivastava, Advocate ------- 4 23.10.2008 The petitioners through this application have prayed for quashing of the entire criminal proceeding arising out of Saharsa P.S. Case No. 13 of 2007 registered under sections 406, 409, 420, 120B and 504 I.P.C. At the very out set it has been submitted by the learned - 2 - counsel for the petitioners that prior to any step being taken in the police case, the petitioners have already repaid the informant the amount due which is the issue involved in the case, and for the same the informant had issued a money receipt, a photocopy whereof is appended to this application as Annexure 13 and in pursuance thereof the informant had filed a petition in the court below seeking permission to compound the offences and compromise this case. A typed copy whereof has been appended to this application as Annexure 16. The learned counsel for the informant O.P. no. 2 admits that he has received the amount due with the petitioners and he has issued the receipt (Annexure 13). He has also submitted that in view of the changed circumstances he is no more willing to pursue the litigation and had filed the petition in the trial court (Annexure 16) for compounding the offences. Sections 406, 409 and 420 are compoundable under sub section (2) of section 320 Cr.P.C. and section 504 is compoundable under sub section (1) of section 320 Cr.P.C. at the instance of the person victimized. Since the parties have already entered into a compromise and the informant is no more interested in pursuing the litigation and no cognizance having been taken so far by the court below, it would, in the changed circumstances, be fit and appropriate to quash the entire criminal proceeding pending against the petitioners and allowing this application so far as the petitioners are concerned. - 3 - Accordingly the application so far as the petitioners are concerned is allowed and the criminal prosecution against them is hereby quashed. Spd/- (Abhijit Sinha, J.)