R/CR.MA/21521/2026 ORDER DATED: 28/09/2026 (GJHC240680182026) IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 21521 of 2026 ================================================================ ABHISHEK CHANDRAKANT MISHRA Versus STATE OF GUJARAT ================================================================ Appearance: MR. SURAJ A SHUKLA(7185) for the Applicant(s) No. 1 MR. UTKARSH SHARMA, APP for the Respondent(s) No. 1 ================================================================ CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 28/09/2026 ORDER 1. Draft Amendment annexed with the memo of Application is allowed. 2. Present Petition is preferred by the Petitioner (Original Accused) under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 11210064252049 of 2025 registered with Godadara Police Station, Surat for the offences punishable under Sections 137(2), 87 and 54 of the Bharatiya Nyaya Sanhita, 2023 and Section 3(c) and 4 of Protection of Children from Sexual Offences Act. 3. Heard learned Advocate for the Petitioner and learned APP for the Respondent – State. Learned Advocate Mr. Herschelle K. Raval appears and states that he has received instructions to appear on behalf of Respondent No.2 – Original Complainant and he would be filing his appearance during the course of the day. Registry to accept the Vakalatnama. 4. Rule. Learned APP waives service of notice for and on behalf of the respondent – State and learned Advocate Mr. Raval waives service of Rule on behalf of the Original Complainant. 5. Learned Advocate for the Petitioner has submitted that the matter R/CR.MA/21521/2026 ORDER DATED: 28/09/2026 (GJHC240680182026) has been amicably settled between the parties and they are now not willing to proceed with the complaint any further. 6. Learned Advocate appearing on behalf Original Complainant – Vivekkumar Udayshankar Mishra, has placed on record the Affidavit dated 11.08.2026. He submitted that matter has been amicably settled between the parties and there is no objection if present Petition is allowed. The complainant is virtually present before the court and is identified by his Advocate. 7. Considering the averments made in the Affidavit as also the submissions made by the learned Advocates for the respective parties, the present Application deserves to be allowed and is hereby allowed. This court has also taken into consideration the statement of the prosecutrix recorded under Section 183 of BNSS wherein she has stated that the prosecutrix and the Applicant were having love affair and because of the same, the prosecutrix had eloped with the present Applicant on her own volition. The statement further states that during the said period they stayed together and physical relations were established between the Applicant and herself. Having regard to these aspects, the Application deserves consideration. The F.I.R. No. 11210064252049 of 2025 registered with Godadara Police Station, Surat for the offences punishable under Sections 137(2), 87 and 54 of the Bharatiya Nyaya Sanhita, 2023 and Section 3(c) and 4 of Protection of Children from Sexual Offences Act is hereby quashed and set aside qua the present Petitioner along with all other consequential proceedings arising therefrom. Rule is made absolute. (M. R. MENGDEY,J) J.N.W / 27 Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: JAYANTILAL NARAYAN WAGHELA(HC00178), Principal Pvt. Secretary, at High Court of Gujarat on 29/09/2026 10:35:10