Court NO. 6 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 262 of 2002 1- Mr. Viresh Chand Rastogi son of late Sri Vipin Chand Rastogi, Director, Bonzar Plast Private Limited, Industrial Area Selakui, Dehradun, Resident of Ram Bhawan, 24, Darya Ganj, Bharatram Raod, New Delhi 2- Mr. Anil Rastogi, son of late Sri Durga Prasad, Director, Bonzar Plast Private Limited, Industrial Area Selakul, Dehradun, Resident of F-295, N.D.S.E. Part-I, New Delhi .....Applicants Vs. 1- Chief Judicial Magistrate, Dehradun, District Dehradun 2- State of Uttaranchal 3- Indian Overseas Bank, through its Chief General Manager, E. Joseph, Tagore Villa, Branch Dehradun, District Dehradun .....Respondents Sri Rakesh Thapliyal, Advocate, for the applicants. Learned A.G.A. for respondent no. 2. Dated: January 3, 2008 Hon'ble B.C. Kandpal, J. By way of this petition under section 482 of Cr.P.C. the petitioners, who are facing the trial in complainant case no. 138 of 1997, Indian Overseas Bank vs. Bonzar Plast Private Limited & others, under Sections 420, 471, 120-B, 467 and 468 of I.P.C., pending in the court of Chief Judicial Magistrate, Dehradun, have prayed for quashing the proceedings of the aforesaid criminal case. Heard Sri Rakesh Thapliyal, learned counsel for the petitioners, learned A.G.A. for respondent no. 2 and perused the record. No counter affidavit has been filed by respondent no. 3-Indian Overseas Bank, who is complainant in this case, as yet. Sri Rakesh Thapliyal, learned counsel for the petitioners has invited my attention towards supplementary affidavit filed by the petitioners stating therein that entire dues of the complainant- Bank has already been paid by the petitioners. Learned counsel for the petitioners has also filed the copy of the letter written by Chief Manager of Indian Overseas Bank, Dehradun, addressed to the petitioners, as Annexure-SA-1. Learned counsel for the petitioners has thus requested that in view of settlement of disputes between the parties outside the court the matter be disposed of. Learned counsel for the petitioners has further submitted that the complainant-Bank had filed an application before the court of Chief Judicial Magistrate, Dehradun, stating therein that entire dues has been paid by the petitioners and now under this circumstance the complainant-Bank is not interested in prosecuting the petitioners furthermore. If it is so that both the parties have settled their disputes outside the court and petitioners have also paid the entire dues of the complainant- Bank as well as the complainant -Bank itself is not interested in prosecuting the petitioners furthermore, then the petitioners as well as complainant-Bank shall bring this fact in the notice of the trial court where the matter is pending and the trial court after considering this aspect that both the parties have now entered into compromise and they do not want to continue the proceedings of the criminal case further, shall decide the matter expeditiously, without causing any unreasonable delay and in accordance with law. The trial court shall, however, not be influenced by its earlier order dated 2nd March, 2001. With the aforesaid observations, the petition is finally disposed of. Stay order, if any, stands vacated. (B.C. Kandpal, J) SP