HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37026 of 2025 Court No. - 84 HON'BLE SANJIV KUMAR, J. 1. Heard Shri Apurva Hajela, learned counsel for the applicants, Shri J.P. Pandey, learned counsel for the respondent no.2-Bank, learned A.G.A. for the State of U.P. and perused the record. 2. The present application has been filed to quash the entire proceedings of Case No. 4950 of 2025 (State of U.P. Vs. Somdutt Dharma and others), arising out of Case Crime No.221D/2004, under Sections 409, 420, 467, 468, 471, 120-B I.P.C., Police Station- Kotwali, District- Ghaziabad, pending in the Court of Civil Judge (Senior Division), IIIrd Ghaziabad. 3. From a perusal of record, it transpires that on 01.05.2004 an FIR bearing FIR/Case Crime No.221 of 2004 has been lodged against the applicants by opposite party no.2 for the offence punishable under Sections 420, 467, 468, 406 I.P.C. at Police Station -Kotwali, District- Ghaziabad. As per allegations in the FIR, the accused in collusion with bank officials and with the help of forged documents, opened the accounts and fraudulently made the bank to lend money to borrowers; a willful default of payment of the same, resulting in huge monetary loss to the bank. 4. It has been submitted by learned counsel for the applicants that the respondent-Bank acting bonafidely and with intention of getting the correct facts of the controversy, instituted an enquiry in the matter vide an enquiry committee comprising of the then Manager (Law) and the then Manager (Head Quarter) and the said Committee vide its report dated 23.08.2010 submitted a detailed report before the then Secretary, Ghaziabad Urban Versus Counsel for Applicant(s) : Apurva Hajela, Sheetla Prasad Counsel for Opposite Party(s) : J.P. Pandey, G.A. Somdutt Sharma And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Cooperative Bank Ltd., copy of which is annexed as Annexure No.5 to the affidavit. The Administrative Committee on the aforesaid report, passed a resolution regarding formal proposal for compounding the matter in terms of inquiry report, copy of which is annexed as Annexure No.6 to the application. An application dated 24.03.2011 was filed on behalf of respondent-Bank before the Court of Additional Chief Judicial Magistrate- IIIrd, Meerut under Section 320 of Cr.P.C. seeking compounding of the matter. It is further submitted that the applicants have already repaid the entire dues against the firm on 11.04.2012 and accordingly, the loan stands fully repaid, as such, indulgence of this Court is required in the matter. 5. Learned counsel for the respondent-Bank does not dispute the correctness of the aforesaid facts and admits that the entire loan amount has been repaid. 6. Considering the aforesaid as also the submissions made by learned counsel for the parties, this Court is of the view that since the loan amount has already been repaid, the present application is liable to be allowed as chances of ultimate conviction are extremely bleak and hence, no useful purpose would be served by allowing the criminal proceedings to continue. Accordingly, present application is allowed. Consequently, the entire proceedings arising out of Case Crime No.221D/2004, mentioned above, are hereby quashed qua the applicants. 7. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. February 23, 2026 Subham NA528 No. 37026 of 2025 2 (Sanjiv Kumar,J.) Digitally signed by :- SUBHAM KUSHWAHA High Court of Judicature at Allahabad