IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application(C482) No. 675 of 2011 1. Badari Dutt Lakhera S/o Late Leela Mani Lakhera Senior Branch Manager, Branch-Chhaam District Co-operative Bank, Tehri Garhwal,R/o Chhaam Bank Tehri Garhwal 2. Devi Prasad Uniyal S/o Shri Deveshwar Prasad Uniyal Senior Branch Manager,Branch Chamiyla District Tehri Garhwa 3. Sunder Lal Gangwar S/o Shri Ram Chandra Cashier, Branch Baurari, District Co-operative Bank Tehri Garhwal 4. Mahesh Chandra Thapliyal S/o Late Jagdish Prasad Thapliyal Supervisor Co-operative (Retired) R/o Village Srikot, P.O. Uregi patti Khantsyun District Pauri Garhwal ………..…Petitioners Versus 1. State of Uttarakhand, through District Magistrate Tehri Garhwal 2. N.D. Semwal (Retired) Additional Development Officer (Gopeshwar) Officer of Assistant Registrar (Co-operative Society) Narendra Nagar District Tehri Garhwal 3. General Manager/ Sachiv, Tehri Garhwal District Co-operative Bank, New Tehri Tehri Garhwal ....……Respondents 2 Shri Sandeep Kothari, Advocate, present for the petitioners. Smt. Mamta Bisht, A.G.A., present for the State. Smt. Seema Sirohi Shah, Advocate, present for the respondent no. 3 Hon’ble Prafulla C. Pant, J. Heard. 2. By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioners have sought quashing of the proceedings of criminal case no. 671 of 2004, State of Uttarakhand vs. Vijay Singh & others, relating to offences punishable under section 406, 409, 420, 467, 468, 471 IPC, and one punishable under section 120B IPC, pending in the court of Chief Judicial Magistrate, Tehri Garhwal. 3. Counter affidavit has been filed on behalf of respondent no. 3 today. Same is taken on record. 4. Under Section 320 of Cr.P.C., offences punishable under section 420 and 406 IPC, are compoundable with the owner of the property. 5. In the present case a compounding application has been moved on behalf of the petitioners, and respondent no. 3. Respondent no. 3 is General Manager of the District Co-operative 3 Bank, Tehri. The accused (petitioners) who were Branch Managers, Cashier and Supervisor of the District Co-operative Bank, Tehri Garhwal, are facing trial in respect of offences mentioned above, in respect of alleged irregularities committed in loan disbursment by them which relates to the period 2000-01. 6. Learned counsel for the parties state that in the year 2002, the entire amount of ` 1,49,520/- was deposited with the Bank, and on the recommendation of the Bank intimation was sent to respondent no. 2 that the criminal proceedings be withdrawn. Since, the aforesaid bank is owner of the property in respect of which criminal misappropriation and cheating alleged, the bank has right to compound the offence with the accused. Therefore, this Court has no hesitation in accepting the compounding application in respect of offences punishable under section 406 and 420 IPC. As far as the other offences are concerned reliance is placed on behalf of the learned counsel for the parties to the case of Nikhil Merchant vs. C.B.I. (2008) 9SCC, page 677, in which the Apex Court has held that where the offence relates to the property dispute, and the matter has been compromised, the criminal 4 proceedings can be quashed even if such offences are not technically compoundable under section 320 Cr.P.C.. 7. In the above circumstances, in view of the principle of law laid down by the Apex Court, this Court is of the view that the petition under section 482 Cr.P.C., deserves to be allowed. Accordingly, the compounding application moved today is accepted in terms as mentioned above. The proceedings of criminal case no. 671 of 2004, State of Uttarakhand vs. Vijay Singh & others, relating to offences punishable under section 406, 409, 420, 467, 468, 471 IPC, and one punishable under section 120B IPC, pending in the court of Chief Judicial Magistrate, Tehri Garhwal, are hereby quashed. (Prafulla C. Pant, J.) Parul 10.08.2011