Gujarat High Court
Jaydipbhai Mohanbhai Rathava vs State Of Gujarat on 26 August, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
R/SCR.A/7097/2023 JUDGMENT DATED: 26/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 7097 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE A.Y. KOGJE Sd/-
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Approved for Reporting Yes No
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JAYDIPBHAI MOHANBHAI RATHAVA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR UM SHASTRI(830) for the Applicant(s) No. 1
MR DHARM K RAVAL(10689) for the Respondent(s) No. 2
MR. ROHAN SHAH, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 26/08/2025
ORAL JUDGMENT
1. This petition is filed for following relief:
"A. This Honourable Court may be pleased to exercise the powers
under section 482 of CR.P.C. and under Art. 226, 227 of
Constitution of India and thereby be pleased to quash and set aside
the impugned FIR being C. R. no.11821014230132/2023, lodged on
1.4.2023 with Dhanpur Police Station, District Dahod, for the
NEUTRAL CITATION
R/SCR.A/7097/2023 JUDGMENT DATED: 26/08/2025
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offences punishable u/s. 363, 366 of I.P.C., which is at Annexure-A
and all the consequential proceedings;
B. Pending admission, hearing and final disposal of this petition,
this Honourable Court may be pleased to stay the further
proceedings of impugned FIR being C. R. No.11821014230132/2023,
lodged on 1.4.2023 with Katavara Police Station, District Dahod,
which is at Annexure-A to the present petition;"
2. Essentially, dispute is arising out of love affair between the
petitioner and daughter of respondent No.2.
3. Learned Advocate for the petitioner has submitted that as the
petitioner and daughter of respondent No.2 were having genuine love
affair and at one point of time, eloped and thereafter, in proceeding
before the Habeas Corpus, it is recorded amicable settlement was arrived
at between the parties.
4. Learned Advocate has submitted that today, the petitioner and
daughter of respondent No.2 have entered into matrimonial relationship
and has placed copy of Marriage Certificate with an advance copy to
other side.
5. Learned Advocate has thereafter submitted that allegations of
Section-363 and 366, therefore now made against petitioner, would not
survive in view of subsequent development of petitioner having married
with daughter of respondent No.2.
6. Learned Advocate for the respondent has objected to grant of
NEUTRAL CITATION
R/SCR.A/7097/2023 JUDGMENT DATED: 26/08/2025
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petition by submitting that at the relevant time, ingredients of offence
were made out considering the age of daughter of respondent to be 15
years and 5 months.
7. Be that as it may, having considered subsequent development,
which has taken place and it is recorded in the order passed at different
point of time in Habeas Corpus Petition being Special Criminal
Application No.1221 of 2025 and thereafter, development of the petitioner
having entered into matrimonial relationship with daughter of respondent
No.2 and for happily married life, no useful purpose will be served in
prosecuting FIR any further qua the present petitioner. In the result, the
application is allowed. The impugned FIR being registered as C.R.No.I-
11821014230132/2023 with Dhanpur Police Station, Dahod, is ordered to
be quashed and set aside. Rule is made absolute to the aforesaid extent.
(A.Y. KOGJE, J)
PARESH SOMPURA
