[Cites 4, Cited by 0]

Gujarat High Court

Jigneshbhai Hareshbhai Sagathiya ... vs State Of Gujarat on 3 December, 2025

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                             R/CR.MA/21836/2025                                   ORDER DATED: 03/12/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


                             R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                                           FIR/ORDER) NO. 21836 of 2025

                       ================================================================
                            JIGNESHBHAI HARESHBHAI SAGATHIYA (JIGNESHBHAI HARIBHAI
                                                 SAGATHIYA)
                                                    Versus
                                           STATE OF GUJARAT & ORS.
                       ================================================================
                       Appearance:
                       MR PAWAN A BAROT(6455) for the Applicant(s) No. 1
                       MS SWETA P BAROT(10181) for the Applicant(s) No. 1
                       MR MAHESH K POOJARA(5879) for the Respondent(s) No. 2
                       MR HARDIK V VORA(7123) for the Respondent(s) No. 3
                       MS KRINA P.CALLA, APP for the Respondent(s) No. 1
                       ================================================================

                            CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

                                                            Date : 03/12/2025

                                                             ORAL ORDER

1. The present application for consent quashing has been

filed by the applicant under Section 528 of the Bharatiya

Nagarik Suraksha Sanhita, 2023, praying for quashing and

setting aside the impugned FIR being C.R.

No.11190002241637 of 2024 lodged before the Botad Police

Station, Botad, for the offences punishable under Section

64(1), 64(2)(I) and 78(1)(I) of the Bharatiya Nyaya Sanhita,

2023, and under Sections 3(a), 11(6) and 12 of the

Prevention of Children from Sexual Offences Act, as well as

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the charge-sheet dated 08.01.2025 and the proceedings of

the POCSO Case No.02 of the 2025 pending before the

learned Additional Sessions Judge (Special POCSO Court),

Botad, so also all other consequential proceedings arising

out from it.

2. As per the case of the prosecution, the victim girl was

aged about 17 years and 4 months at the time of the alleged

incident.

3. It is the case of the prosecution that on 03.12.2024,

the wife of the complainant had informed the complainant

that their daughter is remaining quiet and unresponsive

since last three days, and when she and her sister

Savitaben inquired from her about the same, their daughter

told them that one Jigneshbhai Haribhai Sagathiya, who is

residing in Khunt No.10 at Vas in Botad, is continuously

following her since long. She had further told that the said

Jignesh had also given his mobile number to her at the time

when they all had gone to the market at the time of Diwali,

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and she was talking to him on the mobile phone of the

grandmother Devuben. It is further alleged that the said

Jignesh had called her to meet him on 30.11.2024,

therefore, she had gone to meet at around 7:30 in the

morning near the side of the Government School, where the

said Jignesh was waiting, who had taken her to a guest

house at Tower Road, where he had committed forceful

intercourse against her wish.

4. It is further the case of the prosecution that thereafter,

the complainant had verified the said fact and ultimately

filed the complaint against the present applicant on

04.12.2024.

5. On the strength of the complaint, investigation was

carried out by the Botad police and the applicant was

arrested on 05.12.2024. Ultimately, charge-sheet came to be

filed against the present application on 08.01.2025.

Thereafter, the trial was commenced before the trial court.

In the meantime, the present consent quashing application

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has been filed on the ground that the dispute has been

amicably settled, and the victim girl has, after attaining the

majority, got married to the present applicant accused on

13.10.2025 at Bhavnagar, which was registered on

15.10.2025 before the Registrar of Marriages, Bhavnagar

Municipal Corporation, and now the present applicant and

the victim girl are happily residing together as husband and

wife.

6. The notice was duly served upon the respondents, and

both the victim and the complainant appeared before this

Court through their respective counsel.

7. Heard learned advocate Mr.Pawan A.Barot for the

applicant, learned APP Ms.Krina P.Calla for the respondent

State, learned advocate Mr. Mahesh K.Poojara for the victim

and learned advocate Mr.Hardik V.Vora for the respondent -

complainant.

8. RULE returnable forthwith. Learned advocates

Mr.Mahesh Poojara and Mr.Hardik Vora waives service of

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notice of rule for and on behalf of the victim and the

complainant, respectively, whereas, learned APP Ms.Krina

Calla waives service of notice of rule for and on behalf of the

respondent - State.

9. The victim appeared before this Court personally with

her father-in-law and mother-in-law, whereas, the

complainant had remained personally present before this

Court on 21.11.2025.

10. Learned advocate Mr.Barot appearing for the applicant

has submitted that at the time of the alleged incident, the

victim-girl was aged about 17 years and 4 months, whereas,

the present applicant-accused was aged about 24 years. He

has further submitted that both the victim-girl and the

applicant-accused were in love with each other and,

therefore, on the day of the alleged incident, the victim had,

on her free will and volition, eloped with the present

applicant and stayed together in a guest house for a day,

where they even developed physical relationship, and that

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too, with the consent of the victim. It is submitted that since

the victim was in love with the present applicant, she had

even visited the applicant when he was in the judicial

custody and they both had promised each other to get

married. Therefore, during the trial, the victim, in her

deposition, had not supported the case of the prosecution

and had turned hostile, and rather she had stated before

the trial court that nothing had happened as alleged by her

father in the complaint and her relationship with the

present applicant was consensual. Not only this, but due to

pressure exerted by her father, she had narrated the facts in

her statement recorded by the learned Magistrate under

Section 164 of the Cr.P.C., as per her father's instructions.

11. Learned advocate Mr.Barot has further submitted that

after the applicant was enlarged on temporary bail, and

during the pendency of the present application, as per the

promise, both the victim-girl and the applicant-accused got

married on 13.10.2025, which was also registered before the

Registrar of Marriages, Bhavnagar Municipal Corporation on

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15.10.2025. It is submitted that now the victim-girl is

happily residing with her husband (i.e. the present

applicant-accused) and his family at her matrimonial home.

12. Learned advocate Mr.Barot has submitted that even

during the hearing of the present application, both, the

father-in-law and mother-in-law of the victim-girl, had

remained present before this Court and stated that they

have accepted the victim-girl as their daughter-in-law. It is

submitted that the father of the victim-girl, (i.e. the

complainant herein) is not agreeable to the marriage

between her daughter and the applicant-accused and their

relationship, therefore, he has not given consent for

quashing of the present FIR.

13. Learned advocate Mr.Barot has further submitted that

since the star witness, who is the victim herself, has not

supported the case of the prosecution before the trial court,

and the other evidence being corroborative piece of evidence,

would be of no avail to the prosecution. He has, therefore,

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submitted that continuing further with the trial would be a

futile exercise. It is further submitted that since the

complainant is against the marriage, the continuation of the

criminal proceedings against the applicant would come in

the way of future life of the married couple, who are

otherwise living happily. It is therefore requested to quash

and set-aside the impugned FIR as well as the charge-sheet

and the proceedings of the POCSO Case.

14. Landed APP Ms.Krina P.Calla appearing for the

respondent - State has vehemently opposed the present

application and has submitted that considering the peculiar

facts of the case as well as having regard to the gravamen

and seriousness of the offence, the application may not be

entertained.

15. Learned APP Ms.Calla has further submitted that since

the trial is going on and is on the verge of completion, the

present application may not be entertained at this stage and

the same may be rejected.

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16. Learned advocate Mr.Hardik Vora appearing for the

original complainant, while drawing attention of this Court

to the affidavit of objection filed by the respondent No.3, has

submitted that even if the marriage between the victim-girl

and the present applicant-accused has been considered as

valid, it cannot retrospectively legalize, condone or nullify

the offence committed when the victim-girl was below 18

years of age at the time of the alleged incident. It is

submitted that such marriage cannot extinguish criminal

liability for the offence under the POCSO Act. It is further

submitted that the reputation of the family of the present

applicant-accused is not good and one FIR of the Criminal

Case No.153 of 2019 has also been registered at the Botad

Town Police Station against the present applicant and his

family members. Learned advocate Mr.Vora appearing for

the complainant has, therefore, submitted that since the

complainant is against the marriage, therefore, the present

application may not be entertained and the same may be

rejected.

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17. Having heard learned advocates appearing for the

respective parties and having considered the entire

materials on record, it is evident that at the time of the

alleged incident, the victim-girl was aged about 17 years

and 4 months, and she was on the verge of attaining

majority and only 8 months were remaining in attaining the

majority. It appears that since she was in love with the

present applicant, she had, on her own free will and

volition, eloped with the present applicant-accused.

18. The evidence of the victim came to be recorded before

the trial court in August 2025 vide Exh.9. The relevant

paragraphs translated into English are reproduced thus :

"1. That my date of birth is 31.07.2007, and I have studied upto Standard-XII. We are three siblings. The offence for which the complaint has been filed by my father had occurred five months ago.

2. That I came into contact with the accused Jignesh Sagathiya two months prior to the filing of the complaint at the Baba Ambedkar Saheb's rally near Ambedkar's

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statute. That I used to talk to the accused on the mobile phone of my grandmother. That during last year in the month of November when I was studying in Standard XII in Arts in a school at Botad, at that time, my father and brother had come to the school to inquire about my attendance as I had remained absent. Therefore, my father had asked about my whereabout, so I told him that I had gone to meet my friend. At that time, my father and my brother had beaten me up.

3. Thereafter, as someone had told my father that I had gone to meet the accused Jignesh at Yogi Guesthouse on Tower Road, therefore, he had gone to file a case against the accused. Nothing had happened as per the information got by my father. After the police complaint, the police had taken me to the Botad Police Station and there they had inquired of me. Thereafter, the police had taken me to the Yogi Guesthouse, where they had inquired from the staff, however, they said nothing. Thereafter, the police had taken me to the Sonawala Hospital for medical examination, where the doctor had admitted me. The police had, thereafter, filed MLC case. Except that, the police had not taken me to any other hospital. The police had taken me in the afternoon and on that day, the clothes worn by me were collected by the police. If I may be shown the clothes, I can identify them.

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5. Thereafter, the police had taken me to a court, where the learned Judge had recorded my statement. I had given my deposition as per the directions of my father, since he had threatened to kill me. At the time of recording of my statement, except the learned Judge, his Assistant and me, there was no other person. I have been shown the statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the learned Judge, wherein I have put my signature, which I identify. The same has been produced vide Exhibit-10.

7. It is true that in the statements recorded before the police on 04.12.2024 and on 11.12.2024 before the court, I have stated the facts that the accused Jignesh Haribhai Sagathiya was continuously following me since long, and at the time of Diwali, when had gone to the market for shopping with my mother, at that time, he had given me his mobile number. The victim has stated that she was told by his father to give such statement. It is true that I stated that I used to talk with the accused on the mobile phone of my grandmother. It is not true that on 30.11.2024 the accused Jignesh had called me to meet him, and at 7:30 in the morning, I had gone to meet him near the corner of the Government School and from where the accused took me to the

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guesthouse at Tower Road, where he threatened me, removed my clothes and thereby committed forceful intercourse against my wish and send me back to my home at around 10:00 O'clock after administering threat not to inform about the said incident to anyone. It is true that at the time of recording of the statement before the police, I stated the fact that I don't know the name of the guesthouse, but I know where it is located and I can identify the place. It is not true that I have stated the fact that I got scared and become unresponsive after the said incident, and so, upon inquiry being made by my mother and my aunt, I narrated the whole incident to them, and they all had informed about it to my father, and even I had also informed about the same to my father. It is not true that at the time of recording of the statement before the police or before the court, I have stated the fact that after the incident, since my health got deteriorated, my father took me to the Sonawala Hospital."

(emphasis supplied)

19. During her chief examination, the victim had

voluntarily stated that she wants to go to 'Nari Suraksha

Kendra' since her father has threatened to kill her.

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20. It is noteworthy that considering her statement that

her life is in danger as her father may kill her due to her

relationship, the trial court had passed a specific order on

28.04.2025 as under :

"Having considered the submissions of the victim that her father may kill her, at this stage, it would be in the interest of justice to send the victim to a 'Nari Suraksha Kendra' for her safety."

21. In her cross-examination, she has elicited that they

both wanted to marry, but since they are not of the

marriage age, they have not married. Further, she has

elicited that since her father and family members were

against their relationship, they have filed a false complaint

against the applicant-accused. She has also stated that she

had not narrated any fact regarding the incident before the

police, and the statement before the court was given under

pressure from her father. She has also stated that the

doctor was not informed regarding the incident. The victim

has also elicited that the so-called incident had not

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occurred, but since her father was against her relationship

with the accused, a false complaint has been filed.

22. The victim has also filed an affidavit dated 05.10.2025,

wherein she has specifically stated in paragraphs 2, 3 and 4

as under :-

"2. I humbly submit that as due to intervention of the respected and trusted members of the society and family, mutual understanding is arrived between me and Applicant in the F.I.R wherein proceedings against applicant i.e. Jigneshbhai Hareshbhai Sagathiya if quashed and set aside in that case I don't have any objection. The applicant is my neighbour, friend and future husband and for the future and welfare of us, we have come to the amicable settlement.

3. I humbly submit that me and the applicant herein were in contact with each other prior to registration of the complaint, the complaint is filed by my father as he is against our relationship. I have given my deposition before the Ld. Court as per my own will and wish. I recently visited the Bhavnagar Jail and also met applicant herein and we have decided to get marry as early as possible and I have left my matrimonial home

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and now residing with the future In-laws. I therefore humbly request to quash and set aside the impugned FIR along with charge sheet dated 07.01.2025 and POCSO Case No.02 of 2025, pending before Ld. Special Court Botad at Botad.

4. I further state that as such now I intend that I have no objection if the F.I.R. registered by me being CR No.11190002241637 of 2025 registered before Botad Police Station Botad, for the alleged offences punishable under sections 64(1), 64(2)(I) and 78(1) of the Bharatiya Nyaya Sanhita, 2023 and U/s 3(a), 4, 11(6) and 12 of POCSO Act along with charge sheet dated 07.01.2025 and POCSO Case No.02 of 2025 pending before Ld. Principal District and Sessions (Special POCSO) Court Botad at Botad along with all prior and subsequent proceedings are quashed and set aside against Applicant/Accused by this Hon'ble court and I am supporting the prayers prayed by the applicant."

23. Thereafter, on 16.10.2025, she had filed an additional

affidavit before this Court, wherein she has stated in

paragraphs 2, 3 and 4 as under :

"2. I earlier stated that as due to intervention of the respected and trusted members of the society and

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family, mutual understanding is arrived between me and Applicant in the F.I.R wherein proceedings against applicant i.e. Jigneshbhai Hareshbhai Sagathiya (As per charge sheet) Jigneshbhai Harihbhai Sagathiya (As per FIR) is quashed and set aside in that case I don't have any objection. The applicant is my neighbour, friend and now legally wedded husband and for the future and welfare of us, we have come to the amicable settlement and I till stay with my those submissions.

3. I also earlier submitted that me and the applicant herein were in contact with each other prior to registration of the complaint, the complaint is filed by my father as he is against our relationship. I have given my deposition before the Ld. Court as per my own will and wish. I recently visited the Bhavnagar Jail and also met applicant herein and we have decided to get marry as early as possible and I have left my matrimonial home and now residing with my Husband and In-laws as the applicant herein was released on temporary bail by this Hon'ble court's order, Me and applicant herein had performed marriage on 13.10.2025 and the said marriage is registered at Bhavnagar and the marriage certificate dated 15.10.2025 is annexed herewith and marked as ANNEXURE-R1. I therefore humbly request to quash and set aside the impugned FIR along with charge-sheet dated 08.01.2025 and POCSO Case No.

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02 of 2025, pending before Ld. Special Court Botad at Botad.

4. I further state that as such now I intend that I have no objection if the F.I.R. registered by my father being CR No. 11190002241637 of 2025 registered before Botad Police Station Botad, for the alleged offences punishable under sections 64(1), 64(2)(I) and 78(1) of the Bhartiya Nyaya Sanhita, 2023 and U/s 3(a), 4, 11(6) and 12 of POCSO Act along with charge sheet dated 08.01.2025 and POCSO Case No. 02 of 2025 pending before Ld. Principal District and sessions (Special POCSO) Court Botad at Botad along with all prior and subsequent proceedings are quashed and set aside against Applicant/Accused by this Hon'ble court and I am supporting the prayers prayed by the applicant."

24. In support of this, the marriage certificate is also

produced before this Court. The same is ordered to be taken

on record. The certificate clearly suggests that both the

applicant-accused and the victim-girl had married on

13.10.2025 and the same was also registered before the

Registrar of Marriages, Bhavnagar Municipal Corporation,

on 15.10.2025.

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25. Considering the fact that the trial is going on, this

Court has gone through the deposition of the victim-girl and

found that she had deposed before the trial court as

narrated herein above and had not supported the case of

the prosecution and turned hostile. She, in her evidence,

has specifically stated that in the statement recorded under

Section 183 of the Bharatiya Nagarik Suraksha Sanhita,

2023, she has narrated all the details as instructed by her

father under pressure. From the aforesaid, it clearly appears

that it is a case of love affair, and since the victim-girl was

in love with the present applicant-accused, she had, on her

own free will and volition, entered into physical relationship

with the present applicant and had even visited a guest

house on the day of the alleged incident, and when her

father came to know about the said incident and since he

was against their relationship, he had filed the complaint,

and as stated by the victim on oath that her father had

pressurized her to narrate the incident as per his

instructions before the learned Magistrate at the time of

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recording of her statement under Section 183 of the BNSS,

2023.

26. It is noteworthy that even at the time of recording of

her evidence, while disclosing the true facts, she has stated

that her life is in danger since there are all chances that her

father may kill her as he is not agreeable to their

relationship and marriage. It is also noteworthy that

considering her statement, even the trial court had passed

the order to send her in the Nari Vikas Kendra, for her

safety.

27. This Court is conscious of the fact that once the trial

has commenced, the High Court should be slow in passing

any order which interferes the proceedings, but at the same

time, the Court cannot overlook the peculiar facts which has

surfaced on record.

28. It becomes evident from the aforesaid discussion that

both the victim-girl and the applicant-accused were in love

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with each other and their relationship was consensual, for

which, the father (i.e. the complainant) is not agreeable and

has threatened her daughter (i.e. the victim-girl). However,

since she was in love with the applicant-accused, she had

even visited the applicant-accused when he was in the

judicial custody and they both had promised to get married.

Thereafter, she left her parental home and was staying with

the parents of the present applicant-accused, and after the

applicant-accused was released on temporary bail, as per

their promise, they both get married on 13.10.2025 and also

registered their marriage before the Registrar of Marriages,

Bhavnagar Municipal Corporation, on 15.10.2025.

29. It also appears that the victim-girl is the star witness

of the case and she has not at all supported the case of the

prosecution. Even, the medical evidence clearly suggests

that her relationship with the present applicant-accused

was consensual. In such circumstances, when the star

witness herself has not supported the case of the

prosecution and rather she has specifically deposed that

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nothing had happened as narrated by his father (i.e. the

complainant) in the FIR and she was compelled to narrate

the facts before the learned Magistrate under pressure, then

in such circumstances, all other evidence in the form of the

statement of the hearsay witnesses, the medical evidence or

even the FSL evidence, which are in the nature of

corroborative piece of evidence, would not be material and,

therefore, the continuation of the proceedings would be a

futile exercise and the abuse of process of law.

30. Considering the peculiar facts on record, this Court is

of the considered opinion that if the proceedings are allowed

to be continued, then the same would come in the way of

the future life of the married couple, who are otherwise

residing happily with their family.

31. It is needless to say that though the complainant (i.e.

the father of the victim-girl) is against the relationship and

the marriage, but the law is settled that if two adults decide

to live together after getting married, then no one can

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prevent them from residing together.

32. Before parting with the judgment, it would be apt to

refer to the recent pronouncement of the Allahabad High

Court in the case of Ashwani Anand vs. State of Uttar

Pradesh and others (Application under Section 528 of BNSS

No.37031 of 2025), wherein, after referring to several

judgments of the Apex Court, the Allahabad High Court held

in paragraph 25 as under :

"25. In the present case, once matrimonial relationship between the applicant and the alleged victim pursuant to marriage solemnized after attaining the age of majority on 23.06.2025 and the same has been registered on 24.06.2025 under U.P. Marriage Registration Rules, 2017; the certificate of marriage is also on record and, further, the affidavit in support of the application has been filed by the alleged victim herself, it is a fit case where inherent powers under Section 528 BNSS should be exercised, otherwise this Court would fail in its duty cast upon it by legislature to pass an order to secure ends of justice."

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33. In the case Mahesh Mukund Patel vs. State of U.P.

and others, reported in 2025 SCC Online SC 614, the

Supreme Court has, in paragraph-8, held as under :

"8. Coming to the impugned order, we find that the marriage certificate was placed on record before the High Court. In fact, no objection by the first informant is also recorded in the impugned order. Surprisingly, the High Court instead of entertaining the petition for quashing on the ground of settlement, has observed that the application for dropping criminal proceedings on the basis compromise may be moved before the Trial Court. The High Court completely lost sight of the fact that the Trial Court could not have recorded the settlement and in fact, this was a fit case for the High Court to have exercised its jurisdiction under Section 482 of the Cr.P.C. by quashing the proceedings. Unnecessarily, the parties have been forced to come to this Court."

34. In the case of K.Kirubakaran vs. State of Tamil

Nadu (Criminal Appeal No.679 of 2024 decided on

28.10.2025), the Supreme Court, in paragraph-9 of the

judgment, has held as under :

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"...Given the peculiar facts and circumstances here, a balanced approach combining practicality and empathy is necessary. The appellant and the victim are not only legally married, they are also in their family way. While considering the offence committed by the appellant punishable under the POCSO Act, we have discerned that the crime was not the result of lust but love. The victim of crime herself has expressed her desire to live a peaceful and stable family life with the appellant, upon whom she is dependent, without the appellant carrying the indelible mark on his forehead of being an offender. Continuation of the criminal proceedings and the appellant's incarceration would only disrupt this familial unit and cause irreparable harm to the victim, the infant child, and the fabric of society itself."

35. Since the facts of the case on hand are almost similar

to the facts of the aforementioned case, therefore, the

present application deserves consideration.

36. In the result, the application is allowed. The First

Information Report being C.R. No.11190002241637 of 2024

lodged before the Botad Police Station, Botad, for the

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offences punishable under Section 64(1), 64(2)(I) and 78(1)(I)

of the Bharatiya Nyaya Sanhita, 2023, and under Sections

3(a), 11(6) and 12 of the Prevention of Children from Sexual

Offences Act, as well as the charge-sheet dated 08.01.2025

and the proceedings of the POCSO Case No.02 of the 2025

pending before the learned Additional Sessions Judge

(Special POCSO Court), Botad, are hereby ordered to be

quashed and set-aside qua the present applicant-accused.