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Neutral Citation No. - 2025:AHC:36057-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 8406 of 2024 Petitioner :- Gulfan And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Ajeet Kumar,Mahendra Kumar Yadav,Nandini Pandey Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard Sri Satya Prakash, Advocate holding brief of Ms. Nandini Pandey, learned counsel for the petitioners and Sri G.P. Singh, learned A.G.A. for the State-respondents. 2. The instant writ petition has been filed with a prayer to quash FIR dated 12.04.2024 registered as Case Crime No.0202 of 2024 under Sections 403, 406, 417, 419, 420, 422, 467, 468, 120-B IPC, P.S. Meerganj, District-Bareilly and with further prayer to not arrest the petitioners in pursuance of aforesaid case. 3. From perusal of record it transpires that as per FIR it has been alleged that the petitioners had taken agricultural loan by mortgaging landed property which was already mortgaged previously by their father. While entertaining the writ petition, a Co-ordinate Bench vide order dated 22.05.2024 has taken note of the fact of the claim set up by petitioner that the entire loan amount was paid on 15.06.2019 and certificate of discharge has also been appended to the writ petition. In the aforesaid backdrop, the petitioners were accorded interim relief. 4. In the aforesaid backdrop, learned counsel appearing for the petitioners placed reliance on supplementary affidavit which is already on record and stated that the petitioner no.1 has borrowed sum of Rs.4,93,000/- and petitioner no.2 has borrowed a sum of Rs.5,16,000/- from Baroda U.P. Gramin Bank, Branch Sidholi, District-Bareilly mortgaging Khasra No.244, 132, 51m, 287, 347, 73, 167, 166, 29m, 197, 219, 199, 113, 2, 69m, 284, 285, 3, 214, 14, 13 having total area 2.028 hectare, which have already mortgaged by their father with the S.B.I. He has also placed reliance on para 8 of the supplementary affidavit and stated that no dues certificate has been issued to the petitioners on 19.12.2024 as they had cleared
the dues. He submitted that as the no dues certificate has been accorded by the concerned bank, no useful purpose would be served by allowing continuance of the the criminal proceedings initiated against the petitioners, as such, the impugned FIR may be quashed. 5.
Considering the aforesaid factual situation and the subsequent developments in the matter, we hereby quash FIR dated 12.04.2024 registered as Case Crime No.0202 of 2024 under Sections 403, 406, 417, 419, 420, 422, 467, 468, 120-B IPC, P.S. Meerganj, District-Bareilly. 6. The writ petition is, accordingly, allowed. Order Date :- 11.3.2025 Manish Himwan (Prashant Kumar,J.) (M.C. Tripathi,J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad