HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 34879 of 2010 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. 223 of 2010 (State v. Sanjay Suri and Another) arising out of Case Crime No. 416 of 2009, under Sections 420 and 406 of IPC, Police Station Link Road, Ghaziabad. 3. The prosecution case in short is that the Opposite Party No.2- Mahendra Singh, Manager, Punjab National Bank, Brij Vihar Branch, Ghaziabad (hereinafter referred to as the "Bank") lodged First Information Report (hereinafter referred to as the "FIR") on 13.08.2009 through application under Section 156(3) Cr.P.C. against five (5) persons including the applicants stating therein that applicants had obtained Home Loan from the Bank and after loan disbursement they have not submitted the original sale deed in the bank from the condition of loan agreement. On such FIR has been lodged in Section 406 and 420 against 5 persons. 4. Learned counsel for the applicants submits that the First Information Report has been lodged on 13.08.2009 against the applicants alleging therein that on 23.10.2006 applicants after submitting the forged documents obtained Home Loan from the Opposite No. 2, thus FIR has been lodged by delay of three years. It is further submitted that applicants have paid the installments of Home Loan regularly and never lapsed the Versus Counsel for Applicant(s) : Nitin Gupta Counsel for Opposite Party(s) : Govt.Advocate Sanjay Suri And Another .....Applicant(s) State Of U.P.And Another .....Opposite Party(s) installments and in support thereof, statement of accounts has been enclosed as Annexure No.3 to the affidavit. 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. 12 of the paper book of supplementary affidavit. It is further submitted that the matter has already been settled by the Bank. Thus, the criminal 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 there is no evidence on the record 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 in favour of applicants. It is mentioned therein that "we are not pursuing any case against the persons involved in the loan". 7. In view of the aforesaid discussions, the application is allowed and the entire proceedings of Case No. 223 of 2010 (State v. Sanjay Suri and Another) arising out of Case Crime No. 416 of 2009, under Sections 420 and 406 of IPC, Police Station Link Road, Ghaziabad, is here by quashed against the applicants. October 7, 2025 Israr A482 No. 34879 of 2010 2 (Padam Narain Mishra,J.) Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad