Neutral Citation No. - 2025:AHC:4379 Court No. - 76 Case :- APPLICATION U/S 482 No. - 22393 of 2024 Applicant :- Nitin Opposite Party :- State Of U.P. 3 Others Counsel for Applicant :- Mohan Kant Baghel Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. The instant application under Section 482 Cr.P.C. has been filed for quashing the cognizance/summoning order dated 18.03.2024 as well as the entire proceedings of P.S.T. No. 660 of 2024 titled State v. Nitin, arising out of Case Crime No. 12 of 2024, under Section 354 I.P.C. and Section 16/17 of POCSO Act, registered at P.S. Nagala Singhi, District Firozabad, pending trial in the Court of Additional Sessions Judge/Special Judge (POCSO Act), Court No. 2, Firozabad. 3. Learned counsel for the applicant states that the applicant has been falsely implicated in the instant case. The applicant has no role in the commission of crime. He next submits that there is no allegation in the statement recorded under Section 164 Cr.P.C. and in the statement recorded by the police under Section 161 Cr.P.C. Therefore, the implication of the applicant in the instant case is erroneous. He further submits that the police have collected no evidence to support the allegations made in the FIR. There is a contradiction in the statement recorded under Section 164 Cr.P.C. and the FIR. He next submits that the applicant has been falsely implicated in the case as he was a friend of the main accused, Rohit. He submits that having a friend of the co-accused does not make him liable for the act committed by the main accused, Rohit, son of Shyam Babu. 4. Learned A.G.A. states that even though the applicant's name is mentioned in the FIR but in the statement recorded under Section 161 Cr.P.C., his name has been exonerated by the complainant. 5. After hearing counsel for the applicant and learned A.G.A., it prima facie observed that no role has been assigned to the applicant in the commission of the alleged crime, as the main allegation is against one Rohit, who had outraged the modesty of the victim, aged about 17. The victim has also not named the applicant in the statements recorded under Sections 161 and 164 Cr.P.C., and no allegation has surfaced during the investigation against the applicant. 6. Since the victim has not named the applicant in her statement recorded under Sections 161 and 164 Cr.P.C., permitting the criminal case pending before the trial court would not serve any fruitful purpose and would simply be a waste of judicial time, as the chances of conviction are very bleak. 7. In such circumstances, the cognizance/summoning order dated 18.03.2024, as well as entire proceedings of P.S.T. No. 660 of 2024 titled State v. Nitin, arising out of Case Crime No. 12 of 2024, under Section 354 I.P.C. and Section 16/17 of POCSO Act, registered at P.S. Nagala Singhi, District Firozabad, pending trial in the Court of Additional Sessions Judge/Special Judge (POCSO Act), Court No. 2, Firozabad qua the applicant, are hereby quashed. 8. The instant petition stands allowed, accordingly. Order Date :- 8.1.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad