Gujarat High Court
Rajeshkumar Sureshbhai Shah vs State Of Gujarat on 11 September, 2025
NEUTRAL CITATION
R/CR.MA/18264/2020 ORDER DATED: 11/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 18264 of 2020
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RAJESHKUMAR SURESHBHAI SHAH
Versus
STATE OF GUJARAT & ANR.
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Appearance:
KUMAR H TRIVEDI(9364) for the Applicant(s) No. 1
MR SOHAM JOSHI, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
SUDHANSHU A JHA(8345) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 11/09/2025
ORAL ORDER
1. By way of this petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the petitioner has prayed for quashing and setting aside FIR being C.R.No.I - 11209049200969 registered with Talod Police Station, for the offences punishable under Sections 376, 496, 313, 506(2), 323 of the IPC as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioner herein.
2. Brief facts of the case are as under:-
2.1 That on 02.11.2020 complainant lodged a complaint alleging that before 14 years she got married to one Kalubhai Devpujak and she has 3 children out of said wedlock. That Page 1 of 8 Uploaded by SHEKHAR P. BARVE(HC00200) on Fri Sep 12 2025 Downloaded on : Sat Sep 13 06:11:35 IST 2025 NEUTRAL CITATION R/CR.MA/18264/2020 ORDER DATED: 11/09/2025 undefined before around seven years, she came in contact with present applicant and since then he was having forceful physical relation with the complainant and also used to give threats to life to complainant. That before around 3 years the husband of the complainant left her as she was having relations with the petitioner.
2.2 That before around 1 and half years ago, present applicant took the complainant against her own wish and will to the temple and forcefully performed Hindu marriage rituals with her. That before around sixteen months the complainant got pregnant with the child of present applicant and before around 7 month child was born named Aditya. That again the complainant got pregnant with the child of the present applicant was applicant a the present forced the complainant to get aborted at Civil Hospital, Talod. Thus, the offence.
Hence, this complaint.
3. Learned advocate Mr. Kumar Trivedi, appearing for the petitioner would submit that perusal of the FIR on its face value indicates, at the most, a long-stand relationship between the victim and the petitioner. Both are major and the victim is a married lady. Thus, it could not be considered that the petitioner has raped the victim. He would further submit that the petitioner is falsely implicated in the offence to extort money. He would further submit that the petitioner denied to have any physical relationship with the victim. He would refer to the judgment in case of Dhruvaram Murlidhar Sonar Vs. State of Maharashtra, AIR 2019 SC 327 and in case of Pramod Suryabhan Pawar Vs. State of Maharashtra, AIR 2019 SC 4010 Page 2 of 8 Uploaded by SHEKHAR P. BARVE(HC00200) on Fri Sep 12 2025 Downloaded on : Sat Sep 13 06:11:35 IST 2025 NEUTRAL CITATION R/CR.MA/18264/2020 ORDER DATED: 11/09/2025 undefined and would submit that there is a clear distinction between the consensual sex and rape. He would further submit that when the allegation of consensual sex is emerging from reading of the FIR, the court must very carefully examine that whether it was a consensual sex with promise or there was mala fide motive and had made a false promise to this effect only to satisfy his lust, as the later falls within the ambit of cheating or deception. Taking this court to the FIR, learned advocate Mr. Trivedi would submit that the factual assertion made in the FIR is highly unbelievable. The victim was a married lady, and yet she claimed that she has been promised by the petitioner to marry and she was taken to the temple and there, the petitioner was married to her. These aspects are highly unbelievable. He would further submit that the contention in the FIR are made with oblique motive of extorting money.
3.1 Learned advocate Mr. Trivedi referred to Annexure B and submitted that in the previous statement, the victim lady has withdrawn her complaint against the petitioner as she has settled the financial transaction. He would further submit that present FIR is also filed with the oblique motive of settling the financial dispute.
3.2 One another submission is canvassed by learned advocate Mr. Trivedi that the FIR is general and vague and no specific incident, time, date and place is narrated in the FIR to show that rape was committed upon her and then marriage took place between the victim and the petitioner and out of said relationship, the victim has begotten a child. He would Page 3 of 8 Uploaded by SHEKHAR P. BARVE(HC00200) on Fri Sep 12 2025 Downloaded on : Sat Sep 13 06:11:35 IST 2025 NEUTRAL CITATION R/CR.MA/18264/2020 ORDER DATED: 11/09/2025 undefined further submit that in that circumstances, the FIR since filed with malice requires to be read between the lines and the court should believe the version and statement made by the petitioner that there is no rape. He would further submit that the FIR is made as a tool to extort money.
3.3 Another submission was canvassed by learned advocate Mr. Trivedi for the petitioner that the petitioner was a Corporator in the local State Government and he belongs to the opposition party and therefore, he has been framed as accused by the ruling party and the FIR is end result of political vendetta.
3.4 Upon above submissions, learned advocate Mr. Trivedi requests the court to allow the petition by quashing impugned FIR by exercising power under section 482 of the Code.
4. Per contra, learned advocate Mr. Sudhanshu Jha would refer to the victim's statement at Annexure B in regards to different monetary transaction and would submit that the petitioner was intended to pay the installment of car loan, but was short of money and therefore, the petitioner has taken away ornaments from the victim and also taken away Rs. 1,46,000/- and was not paying back said money as well as ornaments of the victim and hence, an application was filed before the concerned police station complaining the act of the petitioner. He would further submit that later on, the petitioner has repaid the amount which he has taken away from the victim, and therefore, the victim had given statement to the police that she did not want to pursue with the Page 4 of 8 Uploaded by SHEKHAR P. BARVE(HC00200) on Fri Sep 12 2025 Downloaded on : Sat Sep 13 06:11:35 IST 2025 NEUTRAL CITATION R/CR.MA/18264/2020 ORDER DATED: 11/09/2025 undefined complaint. He would further submit that said statement has nothing to do with the present FIR. He would further submit that reference to Annexure B has been made purposefully by learned advocate for the petitioner to gain sympathy of the court. He would further submit that present petition has been filed at the threshold on filing the FIR and if the statement made in the FIR needs to be accepted as true and correct, the court cannot examine the veracity of the statement made in the FIR and cannot evaluate it to reach to the conclusion that it is not a rape, but a consensual sex. He would further submit that in the aforesaid circumstances, the offence as stated herein above prima facie is made out against the petitioner and this court may not exercise inherent jurisdiction in favour of the petitioner to quash the impugned FIR.
5. Learned APP after tendering the report of the investigating officer would submit that the investigation is completed and charge sheet is already filed on 25th November 2020 before the concerned Court, criminal case is also registered and the case as per the instruction is on the stage of framing of the charge. He would further submit that DNA report received from the FSL indicates that the son born out to the victim is out of the relationship between the victim and the petitioner and this scientific report, prima facie reveals physical relationship between the victim and the petitioner. He would refer to the statement of the victim recorded under section 164 of the Code and submit that in the said statement, the victim has supported the case of the prosecution. He also placed on the record the copy of the DNA report as well as statement of the victim recorded under section 164 of the Page 5 of 8 Uploaded by SHEKHAR P. BARVE(HC00200) on Fri Sep 12 2025 Downloaded on : Sat Sep 13 06:11:35 IST 2025 NEUTRAL CITATION R/CR.MA/18264/2020 ORDER DATED: 11/09/2025 undefined Code. In that circumstances, learned APP would submit that since foundational facts supported by the evidence on record prima facie is established, this court may not exercise the extraordinary jurisdiction to quash the impugned FIR.
6. I have heard learned advocate for both the parties and also perused the documents placed on the record.
7. On plain reading of the petition, what could be noticed that the petitioner has prayed to quash the impugned FIR and other consequential proceedings. This petition has been filed under Section 482 of the Code on 6.11.2020 at the threshold on filing the FIR. The Coordinate Bench of this Court passed oral order on 4.12.2020 and issued interim relief in terms of para 8(B). The report indicates that charge sheet was forwarded to the concern police station and it was registered as criminal case on 10th December 2020. In view of above, it appears that when the petition was filed before the court, the investigation has substantially progressed. This could be established from the fact that the petitioner has extended cooperation in DNA profile, report of which is favoured the case of the victim - complainant. The DNA profile indicates that son born out of the act has parental lineage with the petitioner. The statement of the victim recorded u/s 164 of the Code is also supporting the case of the prosecution.
8. Apt to note that the entire charge sheet papers are lying with the learned trial Court. The issue is also seized with the learned trial Court. In the identical fact situation, in case of Iqbal @ Bala And Others Versus State Of Uttar Pradesh And Page 6 of 8 Uploaded by SHEKHAR P. BARVE(HC00200) on Fri Sep 12 2025 Downloaded on : Sat Sep 13 06:11:35 IST 2025 NEUTRAL CITATION R/CR.MA/18264/2020 ORDER DATED: 11/09/2025 undefined Others, 2023 (8) SCC 734, whereby during the pendency of the petition praying for quashing of the FIR, the investigation was completed and charge sheet was ready to file, the Hon'ble Apex Court held that proper remedy to accused in such cases to file discharge application u/s 227 of the Code. Para 6 and 7 are important, which reads as under:-
"6. Having heard the learned counsel appearing for the parties and having gone through the materials on record, the only question that falls for our consideration is whether we should quash the FIR?
7. It is relevant to note that the victim has not furnished any information in regard to the date and time of the commission of the alleged offence. At the same time, we also take notice of the fact that the investigation has been completed and charge sheet is ready to be filed. Although the allegations levelled in the FIR do not inspire any confidence more particularly in the absence of any specific date, time, etc. of the alleged offences, yet we are of the view that the appellants should prefer discharge application before the Trial Court under Section 227 of the Code of Criminal Procedure (CrPC). We say so because even according to the State, the investigation is over and charge sheet is ready to be filed before the competent court. In such circumstances, the Trial Court should be allowed to look into the materials which the investigation officer might have collected forming part of the charge sheet. If any such discharge application is filed, the Trial Court shall look into the materials and take a call whether any case for discharge is made out or not."
8.1 Applying the ratio aforesaid, this Court is of the opinion that the petitioner has to file discharge application before learned Sessions Court and has to contend all the contentions Page 7 of 8 Uploaded by SHEKHAR P. BARVE(HC00200) on Fri Sep 12 2025 Downloaded on : Sat Sep 13 06:11:35 IST 2025 NEUTRAL CITATION R/CR.MA/18264/2020 ORDER DATED: 11/09/2025 undefined before the learned Sessions Judge, as that Court is seized with the charge sheet papers and yet, prosecution has not opened its case.
8.2 Under the circumstances, at this juncture, this Court cannot and does not express any final opinion in regards to allegation levelled in the FIR.
9. Resultantly, present petition fails and stands dismissed with a liberty to file discharge application u/s 227 of the Code before the learned trial Court, which shall be decided in accordance with law, if it is filed within six weeks from the date of receipt of copy of this order. Rule discharged. Interim relief granted earlier stands vacated.
(J. C. DOSHI,J) SHEKHAR P. BARVE Page 8 of 8 Uploaded by SHEKHAR P. BARVE(HC00200) on Fri Sep 12 2025 Downloaded on : Sat Sep 13 06:11:35 IST 2025