1.00. Present petition under section 482 of the Code of Criminal Procedure has been preferred by the petitioners to quash and set aside the impugned criminal proceedings being Criminal Case No.53 of 2001 pending in the court of learned Chief Metropolitan Magistrate, Ahmedabad for the offences punishable under sections 113(1) read with section 113(2) of the Companies Act, 1956. 2.00. Today when the present petition is taken up for final hearing, Mr.Rakesh Gupta, learned advocate appearing on behalf of the petitioner and Mr.N.D. Gohil, learned Central Government Counsel appearing on behalf of the Department have stated at the bar that the offence alleged against the petitioners are compoundable and therefore, the competent authority i.e. Regional Director (North), Western Region, Ministry of Corporate Affairs, Ahmedabad has passed an order dtd.24/2/2012 permitting the petitioners to compound the alleged offences on payment of compounding fees of Rs.10,000/- per petitioner – accused and that the petitioners have paid a total compounding fees of Rs.40,000/- towards compounding fees.
3.00. Mr.Gohil, learned advocate appearing on behalf of the Department has placed on record the xerox copy of the order dtd.24/2/2012 passed by the Regional Director (North), Western Region, Ministry of Corporate Affairs, Ahmedabad as well as communication issued by the Assistant Registrar of Companies dtd.24/2/2012, which are directed to be taken on record.
4.00. In view of the aforesaid and when the alleged offences are permitted to compound on payment of compounding fees and the compounding fees have been paid by the petitioners – original accused, present petition is disposed of by directing the learned Chief Metropolitan Magistrate to finally dispose of Criminal Case No.53 of 2001 and/or to pass a formal order disposing of the aforesaid criminal complaint in view of the aforesaid order dtd.24/2/2012 passed by order dtd.24/2/2012 passed by the Regional Director (North), Western Region, Ministry of Corporate Affairs, Ahmedabad as well as communication issued by the Assistant Registrar of Companies dtd.24/2/2012, permitting the petitioners - original accused to compounding the alleged offences, on production of the copy of the order dtd.24/2/2012 passed by the Regional Director (North), Western Region, Ministry of Corporate Affairs, Ahmedabad, communication issued by the Assistant Registrar of Companies dtd.24/2/2012, as well as copy of the present order. The learned Chief Metropolitan Magistrate is hereby directed to pass final order as aforesaid disposing the aforesaid complaint/Criminal Case as the offences are already compounded, within a period of FOUR WEEKS, from the production of the aforesaid order and communication as well as this order.
[M.R. SHAH, J.] rafik