Neutral Citation No. - 2025:AHC:70563 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 13967 of 2025 Applicant :- Vishu Jain Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pankaj Kumar Pandey,Shishir Kumar Dwivedi Counsel for Opposite Party :- G.A.,Vivek Kumar Sharma Hon'ble Saurabh Srivastava,J. 1. Heard Sri Shishir Kumar Dwivedi, learned counsel for applicant, Sri Vivek Kumar Sharma, learned counsel for opposite party no. 2 and learned AGA for State. 2. Present application has been preferred with the prayer to stay/quash the charge sheet dated 17.07.2024 submitted against the applicant under sections 363, 120B IPC and 9M/10 POCSO Act, emanating from FIR dated 27.05.2024 registered as Case Crime no. 174 of 2024 under Section 363 IPC at PS- Doghat, District Baghpat along with summoning order dated 03.03.2025 passed by learned Additional District and Session Judge, Special POCSO Act, Baghpat in Session Trial no. 31 of 2025. 3. Brief facts of the case, as narrated by learned counsel for applicant is that first informant has instituted an FIR dated 27.05.2024 against one person namely Rahul alleging that he had eloped his minor grand daughter at night of 2:30 a.m. After recovery of victim, her statement under Section 161 and 164 Cr.P.C. were recorded wherein, she stated that she had gone with one Rahul to Muzaffar Nagar on dated 27.05.2024 and returned on 31.05.2024 after getting call from her uncle namely Vinod. Only allegation against applicant is that on 28.05.2024, the first informant in his statement recorded under Section 161 Cr.P.C. stated that he has "come to know" that applicant helped Rahul in eloping his 14 years old granddaughter. After conclusion of investigation, Investigating Officer, submitted charge sheet on dated 17.07.2024 whereupon cognizance and summoning order has been passed by learned court concerned on dated 03.03.2025 which has been challenged through instant application. 4. It is contended by learned counsel for applicant that applicant has not been named in the FIR, neither the victim in her statements recorded under Section 161 and 164 Cr.P.C. has made any allegation or assigned any role to applicant. Mere suspicion or hearsay allegation, without any overt act indicating inducement, persuasion or physical removal by applicant, cannot bring him within ambit of Section 363 IPC. Neither alleged victim was below 12 years of age nor she has been committed any sexual assault by the applicant. Hence, Section 9M/10 of POCSO Act also does not attract against the applicant. The continuation of criminal proceedings against the applicant is a sheer abuse of process of law and amounts to causing harassment to an innocent person. 5. Per contra, Sri Vivek Kumar Sharma, learned counsel for opposite party no. 2 also submitted that there is no name of the applicant ever been pronounced by the victim and the name of the applicant has been apprised by informant only on information which is also not disclosed on which specific information and by whom, it has been entered/given. 6. Learned AGA also seconded the arguments raised by learned counsel for opposite party no. 2. 7. After hearing the submissions extended by learned counsels for the parties and perusing the records, this Court finds that name of the applicant has not been surfaced in the FIR nor in the statements recorded by the victim at the time of recovery under Section 161 Cr.P.C. and at the time of production of victim before learned court concerned in pursuance to Section 164 Cr.P.C. Once, the victim has herself not assigned any role to applicant and this fact has been supported by learned counsel for opposite party no. 2/first informant, then continuation of proceeding against applicant is not sustainable in the eye of law. 8. In view of aforesaid discussions, entire proceeding arising out of Session Trial no. 31 of 2025 in Case Crime no. 174 of 2024 under Section 363 IPC at PS- Doghat, District Baghpat, is hereby quashed only in respect of applicant namely Vishu Jain. 9. The instant application stands allowed accordingly. Order Date :- 1.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad