IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC. APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO.8861 of 2025 ========================================= AJAY KANTIBHAI CHAUHAN (VALAND) Versus STATE OF GUJARAT & ANR. ========================================= Appearance : MR MOKARIYA FOR DENISH V MAVADHIYA for the Applicant. MR M.S. PADALIYA for the Respondent No.2. MR HARDIK MEHTA, APP for the Respondent No.1. ========================================= CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 27/06/2025 ORAL ORDER 1. Leave to amend the name of father of the applicant. Heard the learned advocates appearing for the respective parties. Learned advocate Mr. M. S. Padaliya states that he has an instructions to appear for the victim girl. He is permitted to file his appearance forthwith. He further submits that though the respondent No.2 – complainant who happens to be father of the victim girl is not present before the Court, as the victim girl, aged 16 years and 2 months at the time of incident, had eloped with the present applicant and subsequently both the applicant and victim girl got married on 5.3.2024 and are residing together, considering the welfare of the newly wedded couple, the impugned FIR may be quashed and set aside. Learned APP also submitted, upon instructions and from the police papers, that the respondent No.2 is duly served by the concerned Police Station on 21.6.2025. Despite service of notice, the respondent No.2 has chosen not to appear before this Court. 2. Rule. Learned Additional Public Prosecutor as well as p. 2 learned advocate appearing for the Complainant waive service of Rule on behalf of the respective respondents. 3. Considering the issue involved in the present application and with consent of the learned advocates appearing for the respective parties as well as considering the fact that the dispute amongst the applicant and the victim girl has been resolved amicably, this application is taken up for final disposal forthwith. 4. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ”the Code”), the applicant has prayed for quashing and setting aside F.I.R. No.11203036220077 of 2022 registered with Maliya Hatina Police Station, Dist. Junagadh for the commission of offence punishable under Sections 376(2)(N), 363 and 366 of the Indian Penal Code and Sections 4, 5(l), 6, 8 and 12 of POCSO Act as well as all other consequential proceedings arising out of the aforesaid FIR qua the applicant. 5. Learned advocate for the applicant has taken this Court through the factual matrix arising out of the present application. At the outset, it is submitted that the parties have amicably resolved the issue and therefore, any further continuance of the proceedings pursuant to the impugned FIR as well as any further proceedings arising therefrom would create hardship to the applicant. It is submitted that victim girl has filed an affidavit in these proceedings and has declared that the dispute between the applicant and victim girl is resolved due to intervention of trusted persons of the society. It is further submitted that in view of the fact that the dispute is resolved, the trial would be futile and any further continuance of the proceedings would amount to abuse of process of law. It is p. 3 therefore submitted that this Court may exercise its inherent powers conferred under Section 482 of the Code and allow the application as prayed for. 6. Learned Additional Public Prosecutor appearing for the State has opposed the present application and submitted that considering the seriousness of the offence, the complaint in question may not be quashed and the present application may be rejected. 7. Learned advocate for the victim girl has reiterated the contentions raised by the learned advocate for the applicant. The learned advocate for victim girl also relied upon the affidavit filed by victim girl dated 23.4.2025. The victim girl is present in person before the Court and is identified by learned advocate Mr. M. S. Padaliya. On inquiry made by the Court, the victim girl has declared before this Court that she eloped with the applicant on her own will and subsequently they got married on 5.3.2024 and are living together and therefore, now the grievance stands redressed. It is therefore submitted that the present application may be allowed. 8. Having heard the learned advocates appearing for the respective parties, considering the facts and circumstances arising out of the present application as well as taking into consideration the decisions rendered by the Hon'ble Supreme Court in the cases of Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 p. 4 and Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC), it appears that further continuation of criminal proceedings in relation to the impugned FIR against the applicant would be unnecessary harassment to the applicant. I have also considered the latest decision of the Hon'ble Supreme Court in the case of Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others v. State of Gujarat, Criminal Appeal No.1723 of 2017 dated 4.10.2017 and the guidelines issued by the Hon'ble Supreme Court in the said decision, particularly paragraph 15. Considering the nature of disputes between the parties which are all private in nature, I am of the opinion that the matter requires consideration. It appears that the trial would be futile and further continuance of the proceedings pursuant to the impugned FIR would amount to abuse of process of law and hence, to secure the ends of justice, the impugned FIR is required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code. Further, looking to the welfare of the married couple, despite the fact that respondent No.2 has chosen not to appear before this Court and as he is not ready and willing to give consent for quashment of the impugned FIR, the present application requires consideration. 9. Resultantly, this application is allowed and the impugned F.I.R. No.11203036220077 of 2022 registered with Maliya Hatina Police Station, Dist. Junagadh is hereby quashed and set aside qua the applicant. Consequently, all other proceedings arising out of the aforesaid F.I.R. are also quashed and set aside qua the applicant. Accordingly, Rule is made absolute. Direct service is permitted. (NIRZAR S. DESAI,J) SAVARIYA