R/CR.MA/9464/2026(GJHC240294252026) ORDER DATED: 02/09/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC. APPLICATION (FOR CONSENT QUASHING) NO. 9464 of 2026 ========================================================== AMAN MAHENDRA HARIJAN Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR. PANTHIL MAJMUDAR WITH MR SAGAR D VAGHASIYA(13308) for the Applicant(s) No. 1 MITTAL N PATEL(7614) for the Respondent(s) No. 2 MS. KRINA CALLA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 02/09/2026 ORDER Leave to amend. 1. Learned Advocate Mr. Rishabh Jain appearing for the Respondent No.3 - victim shall file his appearance before the Registry. 2. Present application is preferred by the applicant under Article 528 of the BNS, 2023 seeking quashing of FIR No.11210045254920 of 2025 registered with Pandesara Police Station, Surat for the offences punishable under the provisions of BNS, 2023 as well as POCSO Act. He has also sought to quash the Charge-sheet No.76 of 2026 and resultant POCSO No.73 of 2026 pending before the learned 6th Additional District Judge, Surat and all proceedings arising therefrom. 3. Heard learned Advocate for the applicant and learned APP for the R/CR.MA/9464/2026(GJHC240294252026) ORDER DATED: 02/09/2026 Respondent – State. 4. Rule. Learned APP waives service of notice for and on behalf of the respondent – State. 5. Learned Advocate for the applicant submits that though the present application has been filed on the basis of settlement arrived at between the parties, after filing of the present application Respondent No.2 the original complainant has recused from the settlement and she is now not agreeable for the settlement between the parties. However, the victim has performed marriage with the present applicant after registration of the present offence and she is living happily with the present applicant. He further submitted that even if the complainant does not agree for the settlement in view of the fact that the victim has married the applicant and is living happily with him, this Court should exercise its discretion in favour of the applicant in view of the said fact. He, therefore, submitted to allow the present application and quash and set aside the impugned FIR as well as all other consequential proceedings arising out of the same in view of the decision of the Hon’ble Apex Court in case of Anand Kumar @ Sanjay Lalwani Versus The State of Madhya Pradesh And Ors. reported in 2026 ONSC 928. 6. Learned APP has opposed the present application contending that the trial of the offence is in progress and out of 23 witnesses, 4 witnesses have been examined. He, therefore, submitted to dismiss the application. 7. Learned Advocate appearing for the complainant has also submitted that the complainant i.e. Respondent No.2 is not agreeable for any settlement between the parties and she is not consenting for the present FIR and all other consequential proceedings arising therefrom being quashed qua the present applicant. She, therefore, submitted to dismiss the present application. Page 2 of 3 R/CR.MA/9464/2026(GJHC240294252026) ORDER DATED: 02/09/2026 8. Heard learned Advocates for the parties. The victim viz. Anupama Shrinivas Prasad is present before the Court who is identified by learned Advocate Mr. Rishabh Jain appearing on her behalf. She has also filed an affidavit on record wherein it is stated that she has married the present applicant on 17.06.2026, and thereafter, she is living happily with the present applicant. 8.1 This Court has also taken into consideration the statement of the victim recorded under Section 183 of the BNSS, 2023 wherein she has categorically stated that there was love affair between herself and the present applicant and because of the same, she had eloped with the present applicant and stayed with him for several days. In her statement before the Investigating Officer, she has categorically stated that there was love affair between herself and the present applicant and because of the same, she had eloped with the present applicant and thereafter, the physical relations were established between the two with her own consent. 9. Having regard to these aspects, the present application deserves to be allowed and is hereby allowed. The FIR being CR No. 11210045254920 of 2025 registered with Pandesara Police Station, Surat as well as all other consequential proceedings arising therefrom, is hereby quashed and set aside qua the present applicant. Rule is made absolute. (M. R. MENGDEY,J) RAVI OZA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RAVI OZA(HCW0111), ENGLISH STENOGRAPHER GRADE ONE, at High Court of Gujarat on 03/09/2026 12:27:22