Gujarat High Court
Vinod @ Jabu Kanubhai Thakor vs State Of Gujarat on 28 August, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
R/SCR.A/4656/2023 JUDGMENT DATED: 28/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 4656 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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VINOD @ JABU KANUBHAI THAKOR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR VICKY B MEHTA(5422) for the Applicant(s) No. 1
MR. BHARGAV PANDYA, APP for the Respondent(s) No. 1
RUTVIK H MODI(8236) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 28/08/2025
ORAL JUDGMENT
1. This petition under Article 226 of the Constitution of India under is
filed under Section-482 of the Code of Criminal Procedure praying for
quashing and setting aside of FIR registered as C.R. No.I-
11195034230074/2023 with Palanpur (East) Police Station, District-
Banaskantha for the offences punishable under Sections 363, 366 of the
NEUTRAL CITATION
R/SCR.A/4656/2023 JUDGMENT DATED: 28/08/2025
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Indian Penal Code.
2. Learned Advocate for the petitioner is absent.
3. It appears that mother of victim; Payalben has filed present FIR
alleging interalia the petitioner had eloped with daughter of respondent
No.2.
4. When the matter is taken up, attention is drawn to Annexure-E,
which is Affidavit of victim; Payalben Shankarbhai Thakor, who is aged
18 years and in such Affidavit, it is recorded as under:
"2. I say that I was in relation with the present applicant namely
Vinod Kanubhai Thakor. The applicant was residing at same village.
I was desirous to marry the applicant out of my own wish, will and
consent.
3. I say that after filing of FIR and after I attained majority (my
date of birth is 18.03.2005), marriage of the applicant is solemnized
with me on 21.03.2023 as per Hindu Rites and rituals and now me
and applicant had married each other and applicant is now my
husband.
4. I say that the applicant had never forced me or threatened me to
join him. It is on account of my love relationship with the applicant
and on account of the fact, I had my own will, wish and consent
decided to go and join the applicant. In no manner, the present
applicant had ever harassed me in any manner. No act has been
done without my consent.
NEUTRAL CITATION
R/SCR.A/4656/2023 JUDGMENT DATED: 28/08/2025
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5. I say that after attaining majority, I had married with the
applicant as per Hindu rites and rituals. The applicant herein is now
my legally wedded husband and currently we are legally wedded
husband and wife.
6. I say that I was never kidnapped or no act subsequent thereto
was done without my consent. Currently, I am legally wedded wife
of the applicant. I have no objection if the present FIR in question
and all consequential proceedings against the applicant are quashed
and set aside and the present quashing petition is allowed.
7. I say that thus I have no objection if FIR being C.R.No.
11195034230074 of 2023 on 30.01.2023 registered with Palanpur
East Police Station, Banaskantha for the offences under section 363,
366 of Indian Penal Code and consequential proceedings against the
petitioner are quashed and set aside."
5. Learned APP has also drawn attention of this Court to documents
placed in the petition.
6. The Court is of the view that as now the petitioner and the victim
have already entered into matrimonial relationship, which is evidence by
Marriage Certificate, which is annexed at Page-15 issued by Registrar of
Marriage, Panchayat Fagvel with regard to marriage registered on 21 st
March, 2023, no useful purpose would be served in prosecuting any
further with present FIR qua the present petitioner.
NEUTRAL CITATION
R/SCR.A/4656/2023 JUDGMENT DATED: 28/08/2025
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7. In the result, the petition is allowed. The impugned FIR being
registered as C.R. No.I-11195034230074/2023 with Palanpur (East) Police
Station, District-Banaskantha for the offences punishable under Sections
363, 366 of the Indian Penal Code, is ordered to be quashed and set
aside. Rule is made absolute to the aforesaid extent.
(A.Y. KOGJE, J)
PARESH SOMPURA
