R/CR.MA/25571/2025 ORDER DATED: 08/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 25571 of 2025 ========================================================== VIJAY SANTOSH PATIL Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR ADITYA T PANCHOLI(13067) for the Applicant(s) No. 1 MS. KAJAL M VADHEL(14064) for the Applicant(s) No. 1 MR. MANAN MAHETA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 08/12/2025 ORAL ORDER 1. Learned advocate Mr. Zalak Suthar appears and submits that he has instructions to appear on behalf of the respondent no.2 – original complainant. He is permitted to le his appearance. Registry shall accept his vakalatnama. 2. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant-accused seeks to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report No. 11210023240701 of 2024 registered with the Khatodara Police Station, District Surat, for the o4ences punishable under Sections 363, 366, 376(2)(j), 376(2)(n) of the Indian Penal Code and under Sections 4, 6, 8, 12 of the R/CR.MA/25571/2025 ORDER DATED: 08/12/2025 Protection of Children from Sexual O4ences Act, 2012, as well as the proceedings of the PCSO-Special Case PCSO No. 228 of 2025 pending in the Court of the learned 8th Additional District Judge, Surat, as also all other consequential proceedings arising pursuant thereto. 3. Today, when the matter is called out, the complainant and the victim both are personally present before this Court and have produced their identity proof. The same are ordered to be taken on record. The complainant and the victim both have also led their a4idavits, which are annexed at Annexure ‘D and ‘E’ respectively to the application. In the said a4idavits, the complainant and the victim both have categorically stated that with the intervention of the friends, family members and community people, the dispute has been amicably resolved and there is no ill-will or any grievance amongst them. 4. Considering the issue involved in the present application as well as considering the fact that the dispute has been amicably resolved between the parties, with the consent of the learned advocates appearing for the respective parties, the present application is taken up for nal disposal. 5. RULE returnable forthwith. Learned APP Mr. Manan Maheta waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Mr. Zalak Suthar waives service of notice of rule for and on behalf of the R/CR.MA/25571/2025 ORDER DATED: 08/12/2025 respondent no.2 – complainant. 6. Learned advocate for the applicant-accused has submitted that since the dispute has been amicably resolved between the parties, the application may be allowed and the impugned FIR may be quashed and set-aside. 7. The complainant and the victim, who are personally present in the Court today, have categorically stated before this Court that the applicant and the victim have married to each other and are residing as legally wedded husband and wife and they have no objection if the application is allowed and the FIR as well as the proceedings of the Special PCSO Case is quashed and set-aside. Thus, it appears from the aforesaid that sending the applicant-accused to face the trial would be nothing but a futile exercise and would amount to abuse of process of law. 8. The relevant paragraphs of the a4idavit led by the complainant - Sunitaben Ganeshbhai Sejul read thus : “2. I state that the complaint was lodged by me out of misconception and anxiety. I state I am the mother of the victim and further state that the Petitioner accused and the victim have married each other and are legally married and husband wife thus, an amicable settlement has arrived at between the Complainant, Victim and the accused applicant and since the o ences alleged against each other are personal in nature and not a ecting any interest of the state government, it has been agreed to compromise the dispute including the impugned complaint !led by me and consequential proceedings arising pursuant to the said F.LR, It is stated that dispute and grievance of both the sides have been amicably settled and I do not want to prosecute the petitioners for the impugned F.I.R. R/CR.MA/25571/2025 ORDER DATED: 08/12/2025 3. I further state that the compromise has taken place between both the parties without any fraud, coercion, threat or force and the parties are bound to respect the same. 4. Therefore, I accord my consent to this Hon'ble Court to quash the criminal complaint being FIR being FIR No. 11210023240701 of 2024 dated 03.05.2024 under Sections 363, 366, 376(2)(j), 376(2)(n) of the Indian Penal Code and sections 4, 6, 8, 12 of the Protection of Children from Sexual O ences Act, registered with Khatodara Police Station, Dist. Surat along with the case which is registered as PCSO-SPECIAL CASE-PCSO NO. 228 OF 2025 pending for before the court of learned 8th Additional District Judge, Surat and all the consequential proceedings and arising pursuant to complainant and case, against the applicant accused, which would serve the purpose of justice.” 9. The relevant paragraphs of the a4idavit led by the victim - Vidhya Ganesh Sejul read thus : “2. I state that the complaint was lodged by mother. I state the Petitioner accused and I have married each other and are legally married and husband wife thus, an amicable settlement has arrived at between me and the accused applicant and since the o ences alleged against each other are personal in nature and not a ecting any interest of the state government, it has been agreed to compromise the dispute including the impugned complaint !led by mother and consequential proceedings arising pursuant to the said F.I.R, It is stated that dispute and grievance of both the sides have been amicably settled and I do not want to prosecute the petitioners for the impugned F.I.R. 3. I further state that the compromise has taken place between both the parties without any fraud, coercion, threat or force and the parties are bound to respect the same. 4. Therefore, I accord my consent to this Hon'ble Court to quash the criminal complaint being FIR being FIR No. 11210023240701 of 2024 dated 03.05.2024 under Sections 363, 366, 376(2)(j), 376(2)(n) of the Indian Penal Code and sections 4, 6, 8, 12 of the Protection of Children from Sexual O ences Act, registered with Khatodara Police Station, Dist. Surat along with the case which is registered as PCSO-SPECIAL CASE-PCSO NO. 228 OF 2025 R/CR.MA/25571/2025 ORDER DATED: 08/12/2025 pending for before the court of learned 8th Additional District Judge, Surat and all the consequential proceedings and arising pursuant to complainant and case, against the applicant accused, which would serve the purpose of justice.” 10. Having heard learned advocates appearing for the respective parties as well as considering the facts and circumstances arising out of the present application and taking into consideration the decisions rendered in the cases of Gian Singh vs. State of Punjab & Another, 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 & Another, reported in (2009) 1 GLH 31, Manoj Sharma vs. State & Others, reported in (2009) 1 GLH 190, and Narinder Singh & Others vs. State of Punjab & Another, reported in (2014) 2 Crime 67 (SC) as well as State of Haryana vs. Bhajanlal, reported in AIR 1992 SC 604, it appears that further continuation of the criminal proceedings in relation to the impugned FIR against the applicant-accused would be nothing but unnecessary harassment to the applicant- accused. It further appears that the trial would be a futile exercise and continuing further with the proceedings pursuant to the impugned FIR would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned FIR and all other consequential proceedings arising pursuant thereto are required to be quashed and set-aside in exercise of the powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Page 5 of 6 R/CR.MA/25571/2025 ORDER DATED: 08/12/2025 11. In the result, the application is allowed. The proceedings of the First Information Report No. 11210023240701 of 2024 registered with the Khatodara Police Station, District Surat, for the o4ences punishable under Sections 363, 366, 376(2)(j), 376(2)(n) of the Indian Penal Code and under Sections 4, 6, 8, 12 of the Protection of Children from Sexual O4ences Act, 2012, as well as the proceedings of the PCSO-Special Case PCSO No. 228 of 2025 pending in the Court of the learned 8th Additional Distirct Judge, Surat, as also all other consequential proceedings arising pursuant thereto are hereby ordered to be quashed and set-aside, qua the present applicant only. 12. Rule made absolute. Direct service is permitted. (VIMAL K. VYAS, J) AMAR SINGH Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AMAR SINGH(HC01081), PRIVATE SECRETARY, at High Court of Gujarat on 09/12/2025 11:10:53