SMT. SHABANA NAAZ AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/14177/2011 · 2025-10-06
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DailyLaw.ai
[ 2025 DAILYLAW 192297 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 192297 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 14177 of 2011 Court No. - 84 HON'BLE PADAM NARAIN MISHRA, J.
1. Heard learned counsel for the applicants, learned AGA for the State and perused the materials on record. 2. The present application under Section 482 Cr.P.C. of Criminal Procedure Code has been filed by the applicants seeking quashing of the entire proceedings of Case No. 3825 of 2008/2009 (State v. Shabana Naaz) arising out of Case Crime No. 18/08, under Sections 420, 467, 468, 406 of IPC, Police Station Galshahid, District Moradabad. 3. The prosecution case in short is that the Opposite Party No.2-Branch Manager, Union of India, Branch Moradabad (hereinafter referred to as the "Bank") lodged First Information Report (hereinafter referred to as the
"FIR") on 16.01.2008 against four (4) persons including the applicants stating therein that applicants had obtained a Home Loan from the Bank and allegedly defaulted in payment of installments. On such complaint, the complainant lodged an FIR alleging that the applicants had dishonestly induced the Bank to sanction loan and had prepared forged documents to obtain the same. 4. Learned counsel for the applicants submits that the dispute between the parties is purely civil in nature arising out of loan transaction. It is further submitted that the entire dues have paid and the Bank had issued a No Objection Certificate (hereinafter referred to as the "NOC") and copy of NOC is on record as page no. 26 of the paper book. It is further submitted that the matter has already been settled by the Bank. Thus, the criminal Versus Counsel for Applicant(s) : Pawan Kumar Shukla Counsel for Opposite Party(s) : K.M. Asthana Smt. Shabana Naaz And Another .....Applicant(s) State Of U.P. And Another .....Opposite Party(s)
proceedings against the applicants is liable to be quashed. 5. Learned AGA opposes the application but does not dispute the loan amount stands repaid. 6. From perusal of the FIR and materials available on record, it appears that after completing due formalities, Home Loan has been sanctioned and disbursed in favour of the borrower/applicants and it is no where mentioned that any fraudulent act or forged documents was submitted by the applicants at the time of taking the loan.
In the present case, since the entire loan amount has been repaid and the complainant-bank has duly satisfied and issued NOC to that effect and continuance of the criminal proceedings would serve no useful purpose. 7. In view of the aforesaid discussions, the application is allowed and the entire proceedings of Case No. 3825 of 2008/2009 (State v. Shabana Naaz) arising out of Case Crime No. 18/08, under Sections 420, 467, 468, 406 of IPC, Police Station Galshahid, District Moradabad, is here by quashed against the applicants. October 7, 2025 Akram/vk updh A482 No. 14177 of 2011 2 (Padam Narain Mishra,J.) Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad