Gujarat High Court
Jaydipbhai Mohanbhai Rathava vs State Of Gujarat on 26 August, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
R/SCR.A/7097/2023 JUDGMENT DATED: 26/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 7097 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE A.Y. KOGJE Sd/-
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Approved for Reporting Yes No
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JAYDIPBHAI MOHANBHAI RATHAVA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR UM SHASTRI(830) for the Applicant(s) No. 1
MR DHARM K RAVAL(10689) for the Respondent(s) No. 2
MR. ROHAN SHAH, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 26/08/2025
ORAL JUDGMENT
1. This petition is filed for following relief:
"A. This Honourable Court may be pleased to exercise the powers under section 482 of CR.P.C. and under Art. 226, 227 of Constitution of India and thereby be pleased to quash and set aside the impugned FIR being C. R. no.11821014230132/2023, lodged on 1.4.2023 with Dhanpur Police Station, District Dahod, for the Page 1 of 3 Uploaded by MR PARESH J SOMPURA(HC00451) on Tue Aug 26 2025 Downloaded on : Tue Aug 26 22:10:32 IST 2025 NEUTRAL CITATION R/SCR.A/7097/2023 JUDGMENT DATED: 26/08/2025 undefined offences punishable u/s. 363, 366 of I.P.C., which is at Annexure-A and all the consequential proceedings;
B. Pending admission, hearing and final disposal of this petition, this Honourable Court may be pleased to stay the further proceedings of impugned FIR being C. R. No.11821014230132/2023, lodged on 1.4.2023 with Katavara Police Station, District Dahod, which is at Annexure-A to the present petition;"
2. Essentially, dispute is arising out of love affair between the petitioner and daughter of respondent No.2.
3. Learned Advocate for the petitioner has submitted that as the petitioner and daughter of respondent No.2 were having genuine love affair and at one point of time, eloped and thereafter, in proceeding before the Habeas Corpus, it is recorded amicable settlement was arrived at between the parties.
4. Learned Advocate has submitted that today, the petitioner and daughter of respondent No.2 have entered into matrimonial relationship and has placed copy of Marriage Certificate with an advance copy to other side.
5. Learned Advocate has thereafter submitted that allegations of Section-363 and 366, therefore now made against petitioner, would not survive in view of subsequent development of petitioner having married with daughter of respondent No.2.
6. Learned Advocate for the respondent has objected to grant of Page 2 of 3 Uploaded by MR PARESH J SOMPURA(HC00451) on Tue Aug 26 2025 Downloaded on : Tue Aug 26 22:10:32 IST 2025 NEUTRAL CITATION R/SCR.A/7097/2023 JUDGMENT DATED: 26/08/2025 undefined petition by submitting that at the relevant time, ingredients of offence were made out considering the age of daughter of respondent to be 15 years and 5 months.
7. Be that as it may, having considered subsequent development, which has taken place and it is recorded in the order passed at different point of time in Habeas Corpus Petition being Special Criminal Application No.1221 of 2025 and thereafter, development of the petitioner having entered into matrimonial relationship with daughter of respondent No.2 and for happily married life, no useful purpose will be served in prosecuting FIR any further qua the present petitioner. In the result, the application is allowed. The impugned FIR being registered as C.R.No.I- 11821014230132/2023 with Dhanpur Police Station, Dahod, is ordered to be quashed and set aside. Rule is made absolute to the aforesaid extent.
(A.Y. KOGJE, J) PARESH SOMPURA Page 3 of 3 Uploaded by MR PARESH J SOMPURA(HC00451) on Tue Aug 26 2025 Downloaded on : Tue Aug 26 22:10:32 IST 2025