Gujarat High Court
Shivam Piyushbhai Brahmbhatt vs State Of Gujarat on 5 May, 2026
NEUTRAL CITATION
R/CR.MA/8506/2026 ORDER DATED: 05/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO.
8506 of 2026
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SHIVAM PIYUSHBHAI BRAHMBHATT
Versus
STATE OF GUJARAT & ANR.
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Appearance:
JAIVIK UDAY BHATT(7319) for the Applicant(s) No. 1
MR. VATSAL D. RUPAREL(14194) for the Respondent(s) No. 2
MS CM SHAH for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 05/05/2026
ORAL ORDER
1. Rule returnable forthwith. Learned APP Ms. C.M. Shah and learned advocate Mr. Vatsal Ruparel waive service of notice of rule for the respective respondents.
2. As the matter is amicably settled between the parties, the matter is taken up for final hearing.
3. By way of this application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023, the applicants have prayed to quash and set aside the FIR No.1119002250483 of 2025 registered with Bapod Police Station, Vadodara City for the Page 1 of 13 Uploaded by F.S. KAZI(HC01075) on Mon May 11 2026 Downloaded on : Mon May 11 20:55:52 IST 2026 NEUTRAL CITATION R/CR.MA/8506/2026 ORDER DATED: 05/05/2026 undefined offences under Sections 64(2)(m) of the BNS, 2023 and under Section 3(a), 4, 5(L),5(J)(2), 6 etc. of of the POCSO Act and Special POCSO Case No. 141 of 2025 pending before the Special Court, Vadodara.
4. Heard learned advocate Mr. Jaivik Uday Bhatt for the applicant, learned APP Ms. C.M.Shah for the respondent no.1 -
State and learned advocate Mr. Vatsal Ruparel for the respondent no.2 - original complainant.
5. Learned advocate Mr. Jaivik Uday Bhatt for the applicant and learned advocate Mr. Vatsal Ruparel for the respondent no.2 - original complainant jointly submit that the dispute between the parties has been amicably settled as the daughter of the complainant i.e. victim and the applicant were in relationship and got married on 19.02.2025 and the marriage certificate issued by the competent authority is produced on record. Learned advocates further submit that the respondent no. 2 - original complainant is present in person along with her affidavit in support of their submissions. The respondent no.2 -
original complainant does not wish to prosecute the matter Page 2 of 13 Uploaded by F.S. KAZI(HC01075) on Mon May 11 2026 Downloaded on : Mon May 11 20:55:52 IST 2026 NEUTRAL CITATION R/CR.MA/8506/2026 ORDER DATED: 05/05/2026 undefined further. The compromise has been entered into voluntarily, without any coercion, undue influence or pressure and, therefore, the respondent no.2 has no objection if the impugned FIR as well as all the other consequential proceedings arising pursuant thereto are quashed against the applicant - accused.
6. On inquiry, the respondent No.2 - original complainant submits that the applicant and her daughter - the victim were in a love relationship and at the time of the incident, the victim was aged 17 years and 09 months. They were in a love relationship for a long time and wanted to get married to each other, but due to her age they could not get married.
Thereafter, with the consent of their families, their marriage has been solemnized and registered on 27.03.2026 and at present, the applicant and the daughter of the complainant are residing together. The agreement has been arrived at without any force, coercion, undue influence or threat from any person but of their own free will and this Court is satisfied that the compromise has been entered into between the parties. The affidavit filed by the respondent no. 2 as well as the victim is taken on record.
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7. Learned APP Ms. C.M.Shah for the respondent no.1 -
State submits that the contents of the FIR are just and proper;
however, considering the fact that the dispute between the parties is amicably settled, necessary order may be passed.
8. The affidavit filed by the respondent no. 2 - original complainant reads as under:
"I Nita Bhikhabhai Rajput, aged about 43 years, having residence at House No. 84-85, Ganeshnagar Society, B/ H. Rangvatika Temple, Bopad Jakatnaka, Waghodiya Road, Vadodara. I am the First informant in the FIR registered as C.R. No. 11196002250483 of 2025 registered with Bopad Police Station under S. 64(2)(M) of BNS and S. 3(A), 4, 5(L), 5(J)(2), 6 of the POCSO Act, herein, do hereby takes on oath and solemnly affirm on oath as under:
1. 1. That I have gone through the copy of the memo of petition of Criminal Misc.
Application no. 8506 of 2026, filed by the present applicant/petitioner. I state and submit that FIR was registered by me.
2. I further state and submit that after registration of the above mentioned FIR, chargesheet came to be filed and then after Special POCSO case No. 141 of 2025 was registered with the Special Pocso Court, Vadodara on basis of said FIR and Chargesheet.
3. I further submit that my daughter namely Hemangi was 17 years and 9 months old when the present FIR was registered against the petitioner herein.
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4. That after filing of the above mentioned FIR, I along with the prosecutrix (Victim) has settled the dispute and now we don't want to proceed further with the proceeding of the FIR or case pending before the Special Pocso Court, Vadodara. It is to submit that my daughter along with the petitioner were in a relationship and were wanting to marry at the relevant point of time itself, however, due to age constrain we could not marry and therefore, there was some misunderstanding at our ends which has resulted into lodgment of the present FIR in a hasty manner.
5. It is to submit that as our family i.e. I along with my family members and family of petitioner agreed for the marriage of the petitioner with my daughter, as they were in love since long and therefore, ultimately thier marriage was solemnised on 19/2/2026 at Sinor Village of Vadodara district. Further they both are staying together since then and leaving the happy married life. It is to note that the marriage as also registered with the competent authority and marriage registration certificate was also issued for the same on 27/03/2026. A copy of the marriage certificate dated 27/03/2026 is annexed hereto and marked as "ANNEXURE-I" to this affidavit.
6. As our family and family of petitioner agreed for their marriage as they were in love since long and ultimately their marriage was solemnised on 19/2/2026 at Sinor Village of Vadodara district. Further they both are staying together since then and leaving the happy married life.
7. Further I submit that we have arrived at settlement without any monetary gain, nor we have been pressurized by the Page 5 of 13 Uploaded by F.S. KAZI(HC01075) on Mon May 11 2026 Downloaded on : Mon May 11 20:55:52 IST 2026 NEUTRAL CITATION R/CR.MA/8506/2026 ORDER DATED: 05/05/2026 undefined petitioners herein for the purpose of settlement
8. Further I submit that in view of the settlement arrived in between the parties and now prosecutrix and petitioner being married to each other, considering the said facts if the proceeding arising out of the above mentioned FIR is quashed by the Hon'ble High Court then in that case no prejudice is likely to be caused to the deponent herein.
9. In view of the above facts and circumstances in urged this Hon'ble Court to allow the present petition. It is also to state that I was personal present before this Hon'ble Court on 30/04/2026 and I had confirmed the fact of the settlement as well as marriage with the petitioner before the Hon'ble Court.
10. I state that what ever is stated herein above is true and correct to the best of my knowledge, information and belief and I believe same to be true."
9. The affidavit filed by the victim reads as under:
"I Hemangi Bhikhabhai Rajput W/O. Shivam Piyushbhai Brahmbhatt, aged about 18 years, having residence at B-9, House No. 108, Urban Residency 1, Nr. Vaikunth Soceity, Waghodiya Road, Vadodara. I am the prosecutrix in the FIR registered as C.R. No. 11196002250483 of 2025 registered with Bopad Police Station under S. 64(2)(M) of BNS and S. 3(A), 4, 5(L), 5(J) (2), 6 of the POCSO Act, herein, do hereby takes on oath and solemnly affirm on oath as under:
1. That I have gone through the copy of the memo of petition of Criminal Misc.
Application no. 8506 of 2026, filed by the present applicant/petitioner. I state and Page 6 of 13 Uploaded by F.S. KAZI(HC01075) on Mon May 11 2026 Downloaded on : Mon May 11 20:55:52 IST 2026 NEUTRAL CITATION R/CR.MA/8506/2026 ORDER DATED: 05/05/2026 undefined submit that FIR was registered by my mother namely Nitaben Bhikhabhai Rajput.
2. I further state and submit that after registration of the above mentioned FIR, chargesheet came to be filed and then after Special POCSO case No. 141 of 2025 was registered with the Special Pocso Court, Vadodara on basis of said FIR and Chargesheet.
3. I further submit that I was 17 years and 9 months old when the present FIR was registered against the petitioner herein.
4. That after filing of the above mentioned FIR, I along with the First Informant has settled the dispute and now we don't want to proceed further with the proceeding of the FIR or case pending before the Special Pocso Court, Vadodara. It is to submit that the I along with the petitioner were in a relationship and were wanting to marry at the relevant point of time itself, however, due to age constrain we could not marry and therefore, there was some misunderstanding at the end of the my family which has resulted into lodgment of the present FIR in a hasty manner.
5. It is to submit that as our family i.e. my family and family of petitioner agreed for our marriage, as we were in love since long and therefore, ultimately our marriage was solemnised on 19/2/2026 at Sinor Village of Vadodara district. Further we both are staying together since then and leaving the happy married life. It is to note that the marriage as also registered with the competent authority and marriage registration certificate was also issued for the same on 27/03/2026. A copy of the marriage certificate dated 27/03/2026 is annexed hereto and marked as "ANNEXURE-I" to this affidavit..
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6. Further I submit that we have arrived at settlement without any monetary gain, nor we have been pressurized by the petitioners herein for the purpose of settlement
7. Further I submit that in view of the settlement arrived in between the parties and now prosecutrix and petitioner being married to each other, considering the said facts if the proceeding arising out of the above mentioned FIR is quashed by the Hon'ble High Court then in that case no prejudice is likely to be caused to the deponent herein.
8. In view of the above facts and circumstances in urged this Hon'ble Court to allow the present petition. It is also to state that I was personal present before this Hon'ble Court on 30/04/2026 and I had confirmed the fact of the settlement as well as marriage with the petitioner before the Hon'ble Court.
9. I state that what ever is stated herein above is true and correct to the best of my knowledge, information and belief and I believe same to be true.".
10. So far as Section 482 of the Cr.P.C. is concerned, the Apex Court in the case of Parbatbhai Aahir Alias Parbatbhai Bhimsinhbhai Karmur Vs. State of Gujarat reported in AIR 2017 SC 4843, has observed in Para-15 as under:
"15. The broad principles which emerge from the precedents on the subject, may be summarised in the following propositions:
(i) Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or Page 8 of 13 Uploaded by F.S. KAZI(HC01075) on Mon May 11 2026 Downloaded on : Mon May 11 20:55:52 IST 2026 NEUTRAL CITATION R/CR.MA/8506/2026 ORDER DATED: 05/05/2026 undefined to secure the ends of justice. The provision does not confer new powers. It only recognizes and preserves powers which inherent the High Court;
(ii) The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is non-
compoundable.
(iii) In forming an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power,
(iv) While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised; (i) to secure the ends of justice or (ii) to prevent an abuse of the process of any court;
(v) The decision as to whether a complaint or First Information Report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated;
(vi) In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision to continue with the trial in such cases is founded on the overriding element Page 9 of 13 Uploaded by F.S. KAZI(HC01075) on Mon May 11 2026 Downloaded on : Mon May 11 20:55:52 IST 2026 NEUTRAL CITATION R/CR.MA/8506/2026 ORDER DATED: 05/05/2026 undefined of public interest in punishing persons for serious offences;
(vii) As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing insofar as the exercise of the inherent power to quash is concerned;
(viii) Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute;
(ix) In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and
(x) There is yet an exception to the principle set out in propositions (viii) and (ix) above. Economic offences involving the financial and economic well-being of the State have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. The consequences of the act complained of upon the financial or economic system will weigh in the balance."
11. Having heard the learned advocates for the respective parties, considering the facts and circumstances arising out of the present petition as well as taking into consideration the decisions rendered in the cases of Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303 and Page 10 of 13 Uploaded by F.S. KAZI(HC01075) on Mon May 11 2026 Downloaded on : Mon May 11 20:55:52 IST 2026 NEUTRAL CITATION R/CR.MA/8506/2026 ORDER DATED: 05/05/2026 undefined Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC) as well as State of Haryana Vs. Bhajanlal reported in AIR 1992 SC 604, it appears that matter is voluntarily amicable settled between the parties and in the present case, the prosecutrix, now a major, has appeared before this Court and has unequivocally stated that she was in relationship with the applicant and the applicant and herself got married and she is presently residing with the applicant as his legally wedded wife under one roof. The parties are stated to be leading a stable matrimonial life. The continuance of prosecution, in the peculiar facts of the case, would neither advance the object of the POCSO Act nor serve any fruitful purpose, but would instead result in disruption of the settled family unit and unnecessary hardship to the prosecutrix herself.
Having regard to the subsequent developments, the voluntary stand of the prosecutrix, the absence of any allegation of compulsion or exploitation, and in order to secure the ends of justice and prevent abuse of the process of Court and further continuation of criminal proceedings in relation to the impugned FIR and Special POCSO Case No. 141 of 2025 pending before Page 11 of 13 Uploaded by F.S. KAZI(HC01075) on Mon May 11 2026 Downloaded on : Mon May 11 20:55:52 IST 2026 NEUTRAL CITATION R/CR.MA/8506/2026 ORDER DATED: 05/05/2026 undefined the Special POCSO Court, Vadodara against the petitioner would be unnecessary harassment to the petitioner. It appears that the trial would be futile and further continuance of the proceedings pursuant to the impugned FIR would amount to abuse of process of law and Court and hence, to secure the ends of justice, the impugned FIR and other consequential proceedings including Special POCSO Case No. 141 of 2025 pending before the Special POCSO Court, Vadodara are required to be quashed and set aside in exercise of powers conferred under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023.
12. The occurrence involved in this case as purely personal or having overtones of criminal proceedings of private nature, the parties on their own volition, without any coercion or compulsion, willingly and voluntarily have buried their differences and wish to accord a quietus to their dispute and considering that continuation of proceedings would serve no useful purpose, this Court is satisfied that the matter deserves to be brought to an end by exercising inherent jurisdiction.
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13. Accordingly, the present application is allowed.
14. The impugned FIR No.1119002250483 of 2025 registered with Bapod Police Station, Vadodara City as well as and other consequential proceedings including Special POCSO Case No. 141 of 2025 pending before the Special POCSO Court, Vadodara initiated in pursuance thereof are hereby quashed and set aside qua the applicant.
15. Connected application/s, if any, stand/s disposed of.
16. Rule made absolute. Direct service is permitted.
(S. V. PINTO,J) F.S. KAZI Page 13 of 13 Uploaded by F.S. KAZI(HC01075) on Mon May 11 2026 Downloaded on : Mon May 11 20:55:52 IST 2026