Vinod @ Jabu Kanubhai Thakor vs State Of Gujarat

Gujarat High Court

Vinod @ Jabu Kanubhai Thakor vs State Of Gujarat on 28 August, 2025

Author: A.Y. Kogje

Bench: A.Y. Kogje

                                                                                                                         NEUTRAL CITATION




                           R/SCR.A/4656/2023                                             JUDGMENT DATED: 28/08/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 4656 of 2023


                      FOR APPROVAL AND SIGNATURE:


                      HONOURABLE MR. JUSTICE A.Y. KOGJE                                            Sd/-

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                                    Approved for Reporting                              Yes             No

                      ==========================================================
                                               VINOD @ JABU KANUBHAI THAKOR
                                                            Versus
                                                  STATE OF GUJARAT & ANR.
                      ==========================================================
                      Appearance:
                      MR VICKY B MEHTA(5422) for the Applicant(s) No. 1
                      MR. BHARGAV PANDYA, APP for the Respondent(s) No. 1
                      RUTVIK H MODI(8236) for the Respondent(s) No. 2
                      ==========================================================

                           CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

                                                          Date : 28/08/2025

                                                          ORAL JUDGMENT

1. This petition under Article 226 of the Constitution of India under is filed under Section-482 of the Code of Criminal Procedure praying for quashing and setting aside of FIR registered as C.R. No.I- 11195034230074/2023 with Palanpur (East) Police Station, District- Banaskantha for the offences punishable under Sections 363, 366 of the Page 1 of 4 Uploaded by MR PARESH J SOMPURA(HC00451) on Thu Aug 28 2025 Downloaded on : Thu Aug 28 23:07:52 IST 2025 NEUTRAL CITATION R/SCR.A/4656/2023 JUDGMENT DATED: 28/08/2025 undefined Indian Penal Code.

2. Learned Advocate for the petitioner is absent.

3. It appears that mother of victim; Payalben has filed present FIR alleging interalia the petitioner had eloped with daughter of respondent No.2.

4. When the matter is taken up, attention is drawn to Annexure-E, which is Affidavit of victim; Payalben Shankarbhai Thakor, who is aged 18 years and in such Affidavit, it is recorded as under:

"2. I say that I was in relation with the present applicant namely Vinod Kanubhai Thakor. The applicant was residing at same village. I was desirous to marry the applicant out of my own wish, will and consent.

3. I say that after filing of FIR and after I attained majority (my date of birth is 18.03.2005), marriage of the applicant is solemnized with me on 21.03.2023 as per Hindu Rites and rituals and now me and applicant had married each other and applicant is now my husband.

4. I say that the applicant had never forced me or threatened me to join him. It is on account of my love relationship with the applicant and on account of the fact, I had my own will, wish and consent decided to go and join the applicant. In no manner, the present applicant had ever harassed me in any manner. No act has been done without my consent.

NEUTRAL CITATION R/SCR.A/4656/2023 JUDGMENT DATED: 28/08/2025 undefined

5. I say that after attaining majority, I had married with the applicant as per Hindu rites and rituals. The applicant herein is now my legally wedded husband and currently we are legally wedded husband and wife.

6. I say that I was never kidnapped or no act subsequent thereto was done without my consent. Currently, I am legally wedded wife of the applicant. I have no objection if the present FIR in question and all consequential proceedings against the applicant are quashed and set aside and the present quashing petition is allowed.

7. I say that thus I have no objection if FIR being C.R.No. 11195034230074 of 2023 on 30.01.2023 registered with Palanpur East Police Station, Banaskantha for the offences under section 363, 366 of Indian Penal Code and consequential proceedings against the petitioner are quashed and set aside."

5. Learned APP has also drawn attention of this Court to documents placed in the petition.

6. The Court is of the view that as now the petitioner and the victim have already entered into matrimonial relationship, which is evidence by Marriage Certificate, which is annexed at Page-15 issued by Registrar of Marriage, Panchayat Fagvel with regard to marriage registered on 21 st March, 2023, no useful purpose would be served in prosecuting any further with present FIR qua the present petitioner. Page 3 of 4 Uploaded by MR PARESH J SOMPURA(HC00451) on Thu Aug 28 2025 Downloaded on : Thu Aug 28 23:07:52 IST 2025

NEUTRAL CITATION R/SCR.A/4656/2023 JUDGMENT DATED: 28/08/2025 undefined

7. In the result, the petition is allowed. The impugned FIR being registered as C.R. No.I-11195034230074/2023 with Palanpur (East) Police Station, District-Banaskantha for the offences punishable under Sections 363, 366 of the Indian Penal Code, is ordered to be quashed and set aside. Rule is made absolute to the aforesaid extent.

(A.Y. KOGJE, J) PARESH SOMPURA Page 4 of 4 Uploaded by MR PARESH J SOMPURA(HC00451) on Thu Aug 28 2025 Downloaded on : Thu Aug 28 23:07:52 IST 2025