R/CR.MA/11988/2025 ORDER DATED: 06/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC. APPLICATION (FOR CONSENT QUASHING) NO.11988 of 2025 ========================================= PRAVINSINH SUMERSINH RAO Versus STATE OF GUJARAT & ORS. ========================================= Appearance : MR YASH H JOSHI for the Applicant. MR DARSHAN P DAVE for the Respondent No.3. NOTICE SERVED BY DS for the Respondent No.2. MR TRUPESH KATHIRIYA, APP for the Respondent No.1. ========================================= CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 06/08/2025 ORAL ORDER Despite service of notice, the respondent No.2 has chosen not to appear before this Court. 1. Heard the learned advocates appearing for the respective parties. Learned advocate Mr. Darshan P. Dave 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 ready and willing to give his consent for quashing of the impugned FIR, as the victim girl and the applicant wants to marry and that after attaining the age of 18 years, they could not marry the present applicant only on account of the fact that the applicant is in Jail and upon being released from the Jail, he is going to marry the present applicant and hence, considering the welfare of the newly wedded couple, the impugned FIR may be quashed and set aside. Page 1 of 5 R/CR.MA/11988/2025 ORDER DATED: 06/08/2025 2. Rule. Learned Additional Public Prosecutor as well as 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 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ”BNSS”), the applicant has prayed for quashing and setting aside F.I.R. No.11216008230451 of 2023 registered with Gandhinagar Sector 7 Police Station, Dist. Gandhinagar for the commission of offence punishable under Sections 363, 366 and 376(2)(n) and 344 of the Indian Penal Code read with Sections 4, 5(L), 6 of the 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 R/CR.MA/11988/2025 ORDER DATED: 06/08/2025 the proceedings would amount to abuse of process of law. It is therefore submitted that this Court may exercise its inherent powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 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 respondent No.3 i.e. 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 13.6.2025. The victim girl is present in person before the Court and is identified by learned advocate Mr. Dave. Grandfather of the victim girl, namely, Bansilal Chunilal Verma is also present and he has also filed an affidavit wherein it is very firmly stated that after attaining the age of 18 years, the applicant and victim girl could not marry the applicant only on account of the fact that the applicant is in Jail and upon being released from the Jail, the applicant is going to marry the present applicant. The said averment is also reiterated by the victim girl. On inquiry made by the Court, the victim girl has declared before this Court that the dispute between her and the applicant is resolved and upon being released from the Court, the applicant and victim girl will marry 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 R/CR.MA/11988/2025 ORDER DATED: 06/08/2025 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 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 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 9. Resultantly, this application is allowed and the impugned F.I.R. No.11216008230451 of 2023 registered with Gandhinagar Sector 7 Police Station, Dist. Gandhinagar is hereby quashed and set aside qua the applicant. Consequently, all R/CR.MA/11988/2025 ORDER DATED: 06/08/2025 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. The applicant will be at liberty to produce this order before the appropriate authority for further action. (NIRZAR S. DESAI,J) SAVARIYA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 06/08/2025 17:48:20