Gujarat High Court
Rahul Prabhatsinh Zala vs State Of Gujarat on 12 February, 2025
NEUTRAL CITATION
R/SCR.A/14463/2024 ORDER DATED: 12/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 14463 of 2024
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RAHUL PRABHATSINH ZALA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR YASH V GUPTA(11814) for the Applicant(s) No. 1
VISHAL K ANANDJIWALA(7798) for the Applicant(s) No. 1
MS. SHRUTI PATHAK, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 12/02/2025
ORAL ORDER
1. Learned advocate Mr. Yash Dave states that he has instructions to appear for respondent-complainant. He is permitted to file his Vakalatnama in the Registry within two days and the Registry shall accept the same. He has produced affidavit of the complainant, which is ordered to be taken on record.
2. Learned advocate for the complainant has cited the affidavit of the complainant, which is already taken on record. Respondent-complainant is present before the Court and admits correctness and genuineness of the affidavit filed by him through his learned advocate. Learned advocate Mr. Yash Dave identifies respondent-complainant and confirms correctness and genuineness of the affidavit filed by him. Page 1 of 5 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 22:35:59 IST 2025
NEUTRAL CITATION R/SCR.A/14463/2024 ORDER DATED: 12/02/2025 undefined
3. Rule returnable forthwith. Learned A.P.P. and learned advocate Mr. Yash Dave waive service of Rule for respondent Nos.1 and 2 respectively. Learned APP objects quashment of present proceedings on the premise of settlement.
4. With the consent of learned advocate for the applicants and learned advocate for respondents, present application is taken up for final disposal today.
5. By way of the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, `BNSS'), the applicant/s prays for quashing the FIR being C.R.No.11187002240359/2024 registered with Police Station Balasinor, Mahisagar for the offences mentioned therein and further proceedings arising out of the same, if any.
6. Heard learned advocates. Learned advocate for the applicants has taken this Court through the factual matrix arising out of the present application.
7. At the outset, it is submitted that the parties Page 2 of 5 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 22:35:59 IST 2025 NEUTRAL CITATION R/SCR.A/14463/2024 ORDER DATED: 12/02/2025 undefined have amicably resolved the dispute. In support of such submission made at bar by the learned advocates appearing for the respective parties, they have placed on record affidavit of settlement of dispute duly signed by the respondent- complainant.
8. 8. Learned APP Mr. Shruti Pathak has raised strong objection as offences are under Section 376 of the I.P.C. and has submitted that in such matters, even if consent is given by the complainants, such proceedings are not required to be quashed.
9. In response to that, learned advocate Mr. Vishal Anandjiwala for the petitioner has submitted that now, there are several judgments, whereby the Courts have opined that in case of Section 376 of the I.P.C., where the POCSO is not invoked and if there is consensual prolonged relationship, the matters are required to be considered for quashing of the proceeding and, therefore, he has submitted that even on merits also, considering the fact that both the petitioner as well as complainant is marriage in their own life and thereafter, having extramarital relationship and repeated incident of such relationship is there and, therefore, such proceeding is required to be quashed.
Page 3 of 5 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 22:35:59 IST 2025
NEUTRAL CITATION R/SCR.A/14463/2024 ORDER DATED: 12/02/2025 undefined 10 This Court has considered the above aspects. Accordingly, these aspects are required to be considered by considering the totality of the facts and circumstances of the case, and in the present case, when both the persons are married and thereafter, have willingly entered into extramarital affair. This Court should also consider the difference between the consensual relationship and the case of rape. Here, prima facie, it is a case of consensual relationship. Moreover, now the complainant is willingly giving consent for quashing. Therefore, considering the peculiar facts of the case, the present matter has been considered accordingly.
11. Furthermore, since now, the dispute with reference to the impugned F.I.R. is settled and resolved by and between parties which is confirmed by the original complainant through his learned advocate, in view of the decision in case of Gian Singh v. State of Punjab & Another, reported in (2012) 10 SCC 303, Narinder Singh & Ors. Vs. State of Punjab and another reported in 2014(2) Crime 67 (SC) and Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others Vs. State of Gujarat, recorded on Criminal Appeal No.1723 of 2017 dated 4.10.2017, more particularly, paragraph 15 thereof, the trial would be futile and any further continuation of proceedings would amount to abuse of Page 4 of 5 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 22:35:59 IST 2025 NEUTRAL CITATION R/SCR.A/14463/2024 ORDER DATED: 12/02/2025 undefined process of law. Therefore, the impugned F.I.R. is required to be quashed and set aside.
12. Resultantly, this application is allowed. Impugned F.I.R. being C.R.No.11187002240359/2024 registered with Police Station Balasinor, Mahisagar for the offences mentioned therein and all other consequential proceedings arising out of said FIR are hereby quashed and set aside qua the applicant only.
13. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(SANDEEP N. BHATT,J) DIWAKAR SHUKLA Page 5 of 5 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 22:35:59 IST 2025