Gujarat High Court
Vinodkumar Alias Bhailu S/O Popatji ... vs State Of Gujarat on 17 April, 2026
NEUTRAL CITATION
R/CR.MA/26813/2025 ORDER DATED: 17/04/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 26813 of 2025
==========================================================
VINODKUMAR ALIAS BHAILU S/O POPATJI THAKOR
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR JIGAR B OZA(11654) for the Applicant(s) No. 1
HCLS COMMITTEE(4998) for the Respondent(s) No. 2
MR MUFIZAHMED M. BAQUI for MR SAMEER M. MANSURI(17762) for the
Respondent(s) No. 3
MS MEDHA N PANDYA(6171) for the Respondent(s) No. 2
MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 17/04/2026
ORAL ORDER
1. By way of filing the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant-accused has prayed to quash and set-aside the First Information Report No.11191025230594 of 2023 registered with the Kagdapith Police Station, District - Ahmedabad City, for the offences punishable under Sections 363, 366 and 376(2)(n) of the Indian Penal Code, 1860; under Sections 3(a), 4, 5(l), 6 and 18 of the Protection of Children from Sexual Offences (POCSO) Act, 2012; and under Sections 3(2)(v)(a), 3(2)(v) and 3(1)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989, as well as, the Page 1 of 6 Uploaded by DEEPAK GEHLOT(HC02361) on Mon Apr 20 2026 Downloaded on : Mon Apr 20 21:38:12 IST 2026 NEUTRAL CITATION R/CR.MA/26813/2025 ORDER DATED: 17/04/2026 undefined proceedings of the POCSO Case No.136 of 2023 pending before the learned City Civil and Sessions Judge, Ahmedabad, so also all other consequential proceedings arising pursuant thereto.
2. Learned advocate Mr. Jigar Oza appearing for the applicant has submitted that the matter is settled between the parties and the victim got married with the present applicant on 04.08.2025 and the same has been registered on 05.08.2025 before the Marriage Registrar, Sardar Patel Stadium, Ahmedabad Municipal Corporation. The marriage certificate is annexed at Annuxure-C to the application.
3. Learned advocate Ms. Medha Pandya appearing for the respondent no.2 - complainant, who is the mother of the victim, is not agreeable to the marriage of her daughter with the present applicant. She has, therefore, submitted that the present application may not be entertained.
4. Learned advocate Mr. Mufizahmed Baqui for Mr. Sameer Mansuri, learned advocate appearing for the respondent no.3 - victim has tendered the affidavit of the victim. The same is Page 2 of 6 Uploaded by DEEPAK GEHLOT(HC02361) on Mon Apr 20 2026 Downloaded on : Mon Apr 20 21:38:12 IST 2026 NEUTRAL CITATION R/CR.MA/26813/2025 ORDER DATED: 17/04/2026 undefined ordered to be taken on record. The victim, who is personally present before this Court, while admitting the contents of her affidavit, has submitted that she got married with the present applicant and is residing with him at Narol, Ahmedabad. In the affidavit, the victim has categorically stated that since the dispute has been amicably resolved and she got married with the present applicant, she has no objection if the application is allowed and the impugned FIR as well as the proceedings of the POCSO Case are quashed and set-aside.
5. Learned APP Mr. Tirthraj Pandya appearing for the respondent - State has submitted that considering the seriousness and gravaman of the offence, the present application may not be entertained and the same may be rejected.
6. RULE returnable forthwith. Learned APP Mr. Tirthraj Pandya waives service of notice of rule for and on behalf of the respondent no.1 - State, learned advocate Ms. Medha Pandya waives service of notice of rule for and on behalf of the respondent no.2 - complainant and learned advocate Mr. Mufizahmed Baqui waives service of notice of rule for and on Page 3 of 6 Uploaded by DEEPAK GEHLOT(HC02361) on Mon Apr 20 2026 Downloaded on : Mon Apr 20 21:38:12 IST 2026 NEUTRAL CITATION R/CR.MA/26813/2025 ORDER DATED: 17/04/2026 undefined behalf of the respondent no.3 - victim.
7. The relevant paragraphs of the affidavit filed by the victim, read thus :
" 3. I say that, I and petitioner have entered into settlement as the dispute has been amicably resolved with the petitioner voluntarily with the intervention family members and community members.
4. I say that the matter is now settled between me and the petitioner and that I do not have any grievances against the present petitioner as I have married with the present petitioner.
5. I say that therefore, in view of the aforesaid fact and circumstances, I do not wish to prosecute against the present petitioner and if the proceedings of the POCSO Case No. 136of 2023pending before the Learned City Civil and Sessions Court Ahmedabad arising from FIR being No. I-C.R.No. 11191025230594/2023 registered with Kagdapith Police Station, District : Ahmedabad and any subsequent proceedings if arises are quashed and set-aside than I do not have any objections."
8. Thus, it appears from the aforesaid that to continue further with the proceedings pursuant to the impugned FIR as well as the POCSO case would be a futile exercise and the same would amount to abuse of process of law.
9. Having heard learned advocates appearing for the respective parties as well as considering the facts and circumstances arising out of the present application and taking into consideration the decisions rendered in the cases of Gian Singh vs. State of Punjab & Another, reported in (2012) 10 Page 4 of 6 Uploaded by DEEPAK GEHLOT(HC02361) on Mon Apr 20 2026 Downloaded on : Mon Apr 20 21:38:12 IST 2026 NEUTRAL CITATION R/CR.MA/26813/2025 ORDER DATED: 17/04/2026 undefined SCC 303, Madan Mohan Abbot vs. State of Punjab, reported in (2008) 4 SCC 582, Nikhil Merchant vs. Central Bureau of Investigation & Another, reported in (2009) 1 GLH 31, Manoj Sharma vs. State & Others, reported in (2009) 1 GLH 190, and Narinder Singh & Others vs. State of Punjab & Another, reported in (2014) 2 Crime 67 (SC) as well as State of Haryana vs. Bhajanlal, reported in AIR 1992 SC 604, it appears that continuing further with the criminal proceedings pursuant to the impugned FIR as well as the POCSO case would be a futile exercise and the same would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned FIR as well as the proceedings of the POCSO case, so also all other consequential proceedings arising pursuant thereto are required to be quashed and set- aside in exercise of the powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
10. In the result, the application is allowed. The proceedings of the First Information Report No. 11191025230594 of 2023 registered with the Kagdapith Police Station, District - Ahmedabad City, for the offences punishable under Sections 363, 366 and 376(2)(n) of the Indian Penal Code, 1860; under Page 5 of 6 Uploaded by DEEPAK GEHLOT(HC02361) on Mon Apr 20 2026 Downloaded on : Mon Apr 20 21:38:12 IST 2026 NEUTRAL CITATION R/CR.MA/26813/2025 ORDER DATED: 17/04/2026 undefined Sections 3(a), 4, 5(l), 6 and 18 of the Protection of Children from Sexual Offences (POCSO) Act, 2012; and under Sections 3(2)(v)(a), 3(2)(v) and 3(1)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989, as well as, the proceedings of the POCSO Case No.136 of 2023 pending before the learned City Civil and Sessions Judge, Ahmedabad, so also all other consequential proceedings arising pursuant thereto, are hereby ordered to be quashed and set-aside qua the present applicant.
11. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J) DEEPAK GEHLOT Page 6 of 6 Uploaded by DEEPAK GEHLOT(HC02361) on Mon Apr 20 2026 Downloaded on : Mon Apr 20 21:38:12 IST 2026