HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 35879 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. Deshbandhu Sehgal and Others) 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- Branch 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 against five (5) persons including the applicants in present case stating therein that applicants had fraudulently facilitated the obtainment of Home Loan from the Bank to Sanjay Suri and Dimple Suri. The aforesaid home loan was disbursed in the form of demand draft paid directly in the name of applicant no. 1 namely Deshbandhu Sahgal. The borrowers allegedly defaulted in payment of installments and they have not submitted the original sale deed in the Bank as per condition of the agreement. 4. Learned counsel for the applicants submits that present applicant no. 1 and 2 are seller of sale deed and applicant no. 3 is guarantor of the sale deed. Loan in question has been disbursed on 23.10.2006 for which FIR has been lodged on 13.08.2009 after huge delay of three years. It is Versus Counsel for Applicant(s) : Akash Dwivedi, Nitin Gupta, Syed Ali Imam Counsel for Opposite Party(s) : Govt. Advocate Deshbandhu Sahgal And Others .....Applicant(s) State Of U.P.And Another .....Opposite Party(s) further submitted that applicants have paid the installments of Home Loan regularly and never lapsed the 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 Sanjay Suri and Dimple Suri and the present applicant no. 1 and 2 are seller of the flat and applicant no. 3 is the guarantor of the sale deed on which is loan is said to be taken. 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 to the effect and mentioned in NOC that 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. 223 of 2010 (State v. Deshbandhu Sehgal and Others) 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. 35879 of 2010 2 (Padam Narain Mishra,J.) Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad