R/CR.MA/13560/2025 ORDER DATED: 06/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC. APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO.13560 of 2025 ========================================= HIRABHAI VANABHAI SADHMIYA DEVIPUJAK Versus STATE OF GUJARAT & ORS. ========================================= Appearance : MS BHAKTI M JOSHI for the Applicant. MR IMRAN H PATHAN for the Respondent No.3. NOTICE SERVED TO CONCERNED POLICE STATION HOWEVER, SERVICE REPORT NOT FILED BY POLICE STATION 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 1. Heard the learned advocates appearing for the respective parties. Learned advocate Mr. Imran Pathan 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 will marry the applicant as soon as he is released from Jail and the father of the applicant who is present in the Court has assured this Court that marriage of the applicant and victim girl will be done upon the applicant being released from Jail and considering the welfare of the newly wedded couple, the impugned FIR may be quashed and set aside. 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. Page 1 of 5 R/CR.MA/13560/2025 ORDER DATED: 06/08/2025 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.11211010230006 of 2023 registered with Chuda Police Station, Dist. Surendranagar for the commission of offence punishable under Sections 363, 366 and 376(2)(j) of the Indian Penal Code read with Sections 3(A) and 4 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 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 R/CR.MA/13560/2025 ORDER DATED: 06/08/2025 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 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 19.6.2025. The victim girl is present in person before the Court and is identified by learned advocate Mr. Imran Pathan. 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 she will marry the applicant as soon as the applicant is released from Jail. The father of the applicant, namely, Vanabhai Valubhai Sadhmiya (Devipujak) is present in the Court and is identified by learned advocate Mr. Pathan and he also filed an affidavit clearly stating that the marriage of the applicant and the victim girl could not take place as the applicant is in Jail but as soon as he is released from Jail, at the earliest, the marriage of the applicant and victim girl shall take place and, therefore, despite the fact that the original complainant has objection against the quashment of the impugned FIR, looking to the welfare of the newly wedded couple, 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 R/CR.MA/13560/2025 ORDER DATED: 06/08/2025 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.11211010230006 of 2023 registered with Chuda Police Station, Dist. Surendranagar 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. Page 4 of 5 R/CR.MA/13560/2025 ORDER DATED: 06/08/2025 Direct service is permitted. The applicant would be at liberty to present 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 17:47:17