[Cites 14, Cited by 0]
Gujarat High Court
Aalagiya Sandipbhai Chandubhai vs State Of Gujarat on 1 April, 2026
NEUTRAL CITATION
R/CR.MA/4402/2026 ORDER DATED: 01/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 4402 of 2026
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AALAGIYA SANDIPBHAI CHANDUBHAI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. MOHAMMED RIYAN MANSURI FOR MR. SHAILESH M AHIR(9999) for
the Applicant(s) No. 1
MR MAKBUL I MANSURI(2694) for the Respondent(s) No. 2
MS. KRINA CALLA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 01/04/2026
ORAL ORDER
1. Though served, the respondent No.2- complainant has
chosen not to appear before this Court either in person or
through an advocate and oppose the application.
2. 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 FIR being CR.
No.11193004230374 of 2023 registered with the Amreli Rural
Police Station, District - Amreli, for the offences punishable under
Sections 363, 366, 376, 376(2)(j) and 201 of the Indian Penal
Code and under Sections 4, 6, 8 and 18 of the POCSO Act, the
charge sheet as well as the proceedings of the Special (Pocso)
NEUTRAL CITATION
R/CR.MA/4402/2026 ORDER DATED: 01/04/2026
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Case No.25 of 2023 pending before the learned 4 th Additional
District and Sessions Court, Amreli, so also all other
consequential proceedings arising pursuant thereto qua the
applicant.
3. RULE returnable forthwith. Learned APP Ms. Krina Calla
waives service of notice of rule for and on behalf of the
respondent no.1 - State.
4. At the outset, learned advocate Mr. Mohammed Riyan
Mansuri for Mr. Shailesh Ahir, learned advocate appearing for the
applicant, has submitted that the victim girl, who is the daughter
of the complainant (i.e. the respondent No.2), was aged about 16
years 02 months and 09 days at the time of the alleged incident,
and she, her own will and volition, had eloped with the present
applicant. It is also submitted that after attaining the age of
majority, she got married with the present applicant on
10.05.2025 and the marriage has also been registered on
12.05.2025 before the Marriage Registrar, Bavapipaliya, Taluka-
Jetpur, District - Rajkot. The marriage certificate is annexed at
Annexure- G to the application. It is further submitted that the
victim-girl has also submitted that she is now happily residing
with the applicant and therefore, she has no objection if the
NEUTRAL CITATION
R/CR.MA/4402/2026 ORDER DATED: 01/04/2026
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application is allowed and the impugned FIR is quashed and set-
aside. Therefore, he has urged that since the dispute between
the parties has been amicably resolved, the trial would be a futile
exercise and further continuing the criminal proceedings against
the applicant would amount to abuse of process of law.
5. The relevant paragraphs of the affidavit filed by the victim-
girl read as under:-
"(1) I state and submit that I am the victim and daughter of
Respondent No.2 - Original Complainant herein, my father had filed
complaint on 12/07/2023 with Amreli Rural Police Station, District:
Amreli being C.R. No. 11193004230374 of 2023 (herein after
referred to "Impugned FIR") for the offences punishable under
section 363 and 366 of the Indian Penal Code (herein after referred
to "IPC") and under section 18 of Protection of Children from Sexual
Offences Act, 2012 (hereinafter referred to "POCSO Act"), therefore
I am conversant with facts and circumstances of the case, therefore
I am competent to file this Affidavit. I say and submit that I victim
Nandani D/o Kamleshbhai Gohil W/o Aalagiya Sandipbahi
Chandubhai was married on 10/05/2025 with Mr. Aalagiya
Sandipbahi Chandubhai-Petitioner and residing as husband and wife
and for that marriage certificate is issued on 12/05/2025 by the
Marriage Registrar, Bavapipaliya, Taluka: Jetpur, District: Rajkot
(Annexure-G, Page 57). Further I settled this dispute as I residing
with my husband with peaceful life and I don't want to proceed
further.
(2) I further say and submit that Petitioner and I-Daughter of
respondent No.2 Original Complainant were settled the case and
now no grievance pending between us. In view of that I have no
objection if the present petition is allow for quashing of FIR being
C.R. No. 11193004230374 of 2023 for the offences punishable
under section 363 and 366 of the IPC and under section 18 of
POCSO Act registered with the Amreli Rural Police Station, District:
Amreli on 12/07/2023, Charge-sheet and POCSO Case No. 25 of
2023 pending before the Hon'ble 4th Additional District and
Sessions Judge, Amreli, and any subsequent proceeding arising from
the FIR, on the ground of settlement amicably all the disputes.
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R/CR.MA/4402/2026 ORDER DATED: 01/04/2026
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(3) I respectfully say and submit that the dispute between us is
resolved and there is no surviving grievance. The settlement arrived
between me and Petitioner would be binding to me/my legal
representative with respect to the aforementioned offence for all
time to come in future. I have settled this matter without any
coercion or force from the petitioner.
(4) I respectfully say and submit that victim daughter of Respondent
No.2 Original Complainant also settles the dispute between the
petitioner and I daughter of respondent No.2 Original Complainant.
Therefore I pray this Hon'ble Court to allow the petition and may be
please to quashing and setting aside of FIR being C.R. No.
11193004230374 of 2023 for the offences punishable under section
363 and 366 of the IPC and under section 18 of POCSO Act
registered with the Amreli Rural Police Station, District: Amreli on
12/07/2023, Charge-sheet and POCSO Case No. 25 of 2023 pending
before the Hon'ble 4th Additional District and Sessions Judge,
Amreli, and any subsequent proceeding arising from the FIR."
6. Having heard learned advocate for the applicant-accused as
well as the victim and the complainant, so also taking into
consideration the affidavits filed by the victim-girl and the
complainant along with the decisions of the Supreme Court
rendered in the cases of Gian Singh vs. State of Punjab &
Anr., reported in (2012) 10 SCC 303, Madan Mohan Abbot vs.
State of Punjab, reported in (2008) 4 SCC 582, Nikhil
Merchant vs. Central Bureau of Investigation & Anr.,
reported in (2009) 1 GLH 31, Manoj Sharma vs. State & Ors.,
reported in (2009) 1 GLH 190 and Narinder Singh & Ors. vs.
State of Punjab & Anr., reported in (2014) 2 Crime 67 (SC), it
appears that continuing further with the criminal proceedings in
relation to the impugned FIR and the Special (Pocso) Case against
NEUTRAL CITATION
R/CR.MA/4402/2026 ORDER DATED: 01/04/2026
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the applicant-accused would be nothing but unnecessary
harassment to the applicant-accused.
7. Considering the nature of the dispute between the parties
as well as considering the peculiar aspect, this Court is of the
considered opinion that the matter requires consideration. The
continuation of the trial would be a futile exercise since the
victim-girl, does not want to continue further with the
proceedings pursuant to the impugned FIR and the Special
(Pocso) Case. It, therefore, appears that the same would amount
to abuse of process of law. Therefore, to secure the ends of
justice, the impugned FIR as well as the proceedings of the
Special (Pocso) Case are required to be quashed and set aside in
exercise of the inherent powers conferred under Section 528 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
8. In the result, the application is allowed. The FIR being CR.
No.11193004230374 of 2023 registered with the Amreli Rural
Police Station, District - Amreli, for the offences punishable under
Sections 363, 366, 376, 376(2)(j) and 201 of the Indian Penal
Code and under Sections 4, 6, 8 and 18 of the POCSO Act, the
charge sheet as well as the proceedings of the Special (Pocso)
Case No.25 of 2023 pending before the learned 4 th Additional
NEUTRAL CITATION
R/CR.MA/4402/2026 ORDER DATED: 01/04/2026
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District and Sessions Court, Amreli, so also all other proceedings
arising pursuant thereto are also quashed and set-aside qua the
applicant.
9. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J)
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