Neutral Citation No. - 2025:AHC:25998-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 1507 of 2025 Petitioner :- Girish Goyal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Adarsh Bhushan Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Mr. Adarsh Bhushan, learned counsel for the petitioner, Mr. G.P. Singh, learned A.G.A. - I for the State-respondents and perused the material brought on the record. 2. Vakalatnama filed by Mr. Abhay Singh Tomar, learned counsel for the respondent No.3 is taken on the record. 3. The relief sought in this petition is for quashing of the F.I.R. dated 29.08.2022 registered as Case Crime No.0036 of 2022, under Section 66D of Information Technology (Amendment) Act, 2008 and 471, 468, 467, 120-B, 420, 406 I.P.C., P.S. - Cyber Crime Police Station, District- Gautam Budh Nagar. Further prayer has been made not to arrest the petitioner in the aforesaid case. 4. A Division Bench of this Court while entertaining the instant matter on 24.1.2025 has proceeded to accord interim relief in favour of the petitioner herein precisely taking note to the statement given by the petitioner to the extent that petitioner is willing to return the disputed amount to the tune of Rs. 10 lacs alongwith accrued interest at the bank rate to the respondent No.3 by way of demand draft within a period of one week from the passing of the order dated 24.1.2025. For ready reference, the aforesaid order dated 24.1.2025 is reproduced hereinunder:- "1. Heard learned counsel for the petitioner, learned AGA for the State-respondents and perused the record. 2. Learned counsel for the petitioner submits that petitioner is willing to return the disputed amount of Rs.10 lacs alongwith accrued interest at the bank rate to the respondent no.3 by way of demand draft, within a period of one week. 3. Issue notice to respondent no.3. 4. Steps be taken within three days. 5. As prayed by learned counsel for the petitioner, put up this case on 24.02.205 as fresh case. 6. On the next date the petitioner will produce a demand draft of admitted amount before the Court. 7. Till the next date of listing, the respondents are restrained from arresting the petitioner pursuant to the First Information Report dated 29.08.2022, registered as Case Crime No.0036 of 2022, under sections 66-D, Information Technology (Amendment) Act, 2008 and sections 471, 467, 468, 120-B, 420, 406, IPC, Police Station Cyber Crime, District Gautam Budh Nagar, subject to cooperation in ongoing investigation." 5. Learned counsel for the petitioner submits that in response to the aforesaid order dated 24.1.2025, the demand draft bearing Demand Draft No.527544 amounting to Rs.10 lacks is prepared and the photo-copy of the same is also placed on record. Learned counsel for the petitioner submits that leave may be accorded to the petitioner to hand over the demand draft to Yogendra Kumar Chaudhary, s/o Late Gajpat Singh (informant herein), who is present in the Court. Learned counsel for the petitioner submits that as the dispute is already resolved between the parties, the First Information Report is liable to be quashed in view of the law laid down by Hon'ble the Apex Court in B.S. Joshi Vs. State of Haryana reported in 2003(4) SCC 675, Nikhil Merchant Vs. Central Bureau of Investigation and another J.T. 2008(9) SC 192, Gian Singh Vs. State of Punjab (2012) 10 SCC 303, Yogendra Yadav and others Vs. State of Jharkhand (2014) 9 SCC 653 and also in Narendra Singh Vs. State of Punjab (2014) 6 SCC 466. 6. Mr. Abhay Singh Tomar, learned counsel for the informant states that informant is present in the Court and he is having no objection in case the First Informant Report registered against the petitioner herein is quashed as well as he has also accepted the demand draft. 7. In view of the aforesaid facts and circumstances of the case as the due amount is paid to the informant and the parties are inclined to give quietus to the dispute, nothing further remains to be adjudicated in the instant matter. 8. Accordingly, the instant petition stands allowed and the First Information Report dated 29.08.2022 registered as Case Crime No.0036 of 2022, under Section 66D of Information Technology (Amendment) Act, 2008 and 471, 468, 467, 120-B, 420, 406 I.P.C., P.S. - Cyber Crime Police Station, District- Gautam Budh Nagar is hereby quashed qua the petitioner herein namely, Girish Goyal, s/o Goorandhan Lal Agrawal who is the named accused in the First Information Report in question. Order Date :- 24.2.2025 Sachin (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad