[Cites 13, Cited by 0]
Gujarat High Court
Vinodkumar Alias Bhailu S/O Popatji ... vs State Of Gujarat on 17 April, 2026
NEUTRAL CITATION
R/CR.MA/26813/2025 ORDER DATED: 17/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 26813 of 2025
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VINODKUMAR ALIAS BHAILU S/O POPATJI THAKOR
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR JIGAR B OZA(11654) for the Applicant(s) No. 1
HCLS COMMITTEE(4998) for the Respondent(s) No. 2
MR MUFIZAHMED M. BAQUI for MR SAMEER M. MANSURI(17762) for the
Respondent(s) No. 3
MS MEDHA N PANDYA(6171) for the Respondent(s) No. 2
MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 17/04/2026
ORAL ORDER
1. 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 First
Information Report No.11191025230594 of 2023 registered
with the Kagdapith Police Station, District - Ahmedabad City,
for the offences punishable under Sections 363, 366 and
376(2)(n) of the Indian Penal Code, 1860; under Sections 3(a),
4, 5(l), 6 and 18 of the Protection of Children from Sexual
Offences (POCSO) Act, 2012; and under Sections 3(2)(v)(a),
3(2)(v) and 3(1)(w)(i) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities Act), 1989, as well as, the
NEUTRAL CITATION
R/CR.MA/26813/2025 ORDER DATED: 17/04/2026
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proceedings of the POCSO Case No.136 of 2023 pending
before the learned City Civil and Sessions Judge, Ahmedabad,
so also all other consequential proceedings arising pursuant
thereto.
2. Learned advocate Mr. Jigar Oza appearing for the
applicant has submitted that the matter is settled between the
parties and the victim got married with the present applicant
on 04.08.2025 and the same has been registered on
05.08.2025 before the Marriage Registrar, Sardar Patel
Stadium, Ahmedabad Municipal Corporation. The marriage
certificate is annexed at Annuxure-C to the application.
3. Learned advocate Ms. Medha Pandya appearing for the
respondent no.2 - complainant, who is the mother of the
victim, is not agreeable to the marriage of her daughter with
the present applicant. She has, therefore, submitted that the
present application may not be entertained.
4. Learned advocate Mr. Mufizahmed Baqui for Mr. Sameer
Mansuri, learned advocate appearing for the respondent no.3 -
victim has tendered the affidavit of the victim. The same is
NEUTRAL CITATION
R/CR.MA/26813/2025 ORDER DATED: 17/04/2026
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ordered to be taken on record. The victim, who is personally
present before this Court, while admitting the contents of her
affidavit, has submitted that she got married with the present
applicant and is residing with him at Narol, Ahmedabad. In the
affidavit, the victim has categorically stated that since the
dispute has been amicably resolved and she got married with
the present applicant, she has no objection if the application is
allowed and the impugned FIR as well as the proceedings of
the POCSO Case are quashed and set-aside.
5. Learned APP Mr. Tirthraj Pandya appearing for the
respondent - State has submitted that considering the
seriousness and gravaman of the offence, the present
application may not be entertained and the same may be
rejected.
6. RULE returnable forthwith. Learned APP Mr. Tirthraj
Pandya waives service of notice of rule for and on behalf of the
respondent no.1 - State, learned advocate Ms. Medha Pandya
waives service of notice of rule for and on behalf of the
respondent no.2 - complainant and learned advocate Mr.
Mufizahmed Baqui waives service of notice of rule for and on
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R/CR.MA/26813/2025 ORDER DATED: 17/04/2026
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behalf of the respondent no.3 - victim.
7. The relevant paragraphs of the affidavit filed by the
victim, read thus :
" 3. I say that, I and petitioner have entered into settlement as the dispute
has been amicably resolved with the petitioner voluntarily with the
intervention family members and community members.
4. I say that the matter is now settled between me and the petitioner and
that I do not have any grievances against the present petitioner as I have
married with the present petitioner.
5. I say that therefore, in view of the aforesaid fact and circumstances, I
do not wish to prosecute against the present petitioner and if the
proceedings of the POCSO Case No. 136of 2023pending before the
Learned City Civil and Sessions Court Ahmedabad arising from FIR being
No. I-C.R.No. 11191025230594/2023 registered with Kagdapith Police
Station, District : Ahmedabad and any subsequent proceedings if arises
are quashed and set-aside than I do not have any objections."
8. Thus, it appears from the aforesaid that to continue
further with the proceedings pursuant to the impugned FIR
as well as the POCSO case would be a futile exercise and
the same would amount to abuse of process of law.
9. Having heard learned advocates appearing for the
respective parties as well as considering the facts and
circumstances arising out of the present application and taking
into consideration the decisions rendered in the cases of Gian
Singh vs. State of Punjab & Another, reported in (2012) 10
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SCC 303, Madan Mohan Abbot vs. State of Punjab,
reported in (2008) 4 SCC 582, Nikhil Merchant vs. Central
Bureau of Investigation & Another, reported in (2009) 1
GLH 31, Manoj Sharma vs. State & Others, reported in
(2009) 1 GLH 190, and Narinder Singh & Others vs. State
of Punjab & Another, reported in (2014) 2 Crime 67 (SC) as
well as State of Haryana vs. Bhajanlal, reported in AIR
1992 SC 604, it appears that continuing further with the
criminal proceedings pursuant to the impugned FIR as well as
the POCSO case would be a futile exercise and the same would
amount to abuse of process of law. Hence, to secure the ends
of justice, the impugned FIR as well as the proceedings of the
POCSO case, so also all other consequential proceedings
arising pursuant thereto are required to be quashed and set-
aside in exercise of the powers conferred under Section 528 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
10. In the result, the application is allowed. The proceedings
of the First Information Report No. 11191025230594 of 2023
registered with the Kagdapith Police Station, District -
Ahmedabad City, for the offences punishable under Sections
363, 366 and 376(2)(n) of the Indian Penal Code, 1860; under
NEUTRAL CITATION
R/CR.MA/26813/2025 ORDER DATED: 17/04/2026
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Sections 3(a), 4, 5(l), 6 and 18 of the Protection of Children
from Sexual Offences (POCSO) Act, 2012; and under Sections
3(2)(v)(a), 3(2)(v) and 3(1)(w)(i) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities Act), 1989, as well
as, the proceedings of the POCSO Case No.136 of 2023
pending before the learned City Civil and Sessions Judge,
Ahmedabad, so also all other consequential proceedings
arising pursuant thereto, are hereby ordered to be quashed
and set-aside qua the present applicant.
11. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J)
DEEPAK GEHLOT
