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Gujarat High Court
Bachubhai Chandanbhai Parmar vs State Of Gujarat on 27 April, 2026
NEUTRAL CITATION
R/CR.MA/19673/2025 ORDER DATED: 27/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO.
19673 of 2025
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BACHUBHAI CHANDANBHAI PARMAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. NADEEM MANSURI FOR MR. ALTAF Y CHARKHA(7271) for the
Applicant(s) No. 1
MR. TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 27/04/2026
ORAL ORDER
1. Learned advocate Mr. Sangam Garg appears and submits
that learned advocate Mr. Junaid Shaikh has instructions to
appear on behalf of the respondent No. 2- complainant. Registry
shall accept his vakalatnama.
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.11207078220247 of 2022 registered with the
Kankanpur Police Station, District - Panchmahals, for the offences
punishable under Sections 363, 376(2)(n) and 366 of the Indian
Penal Code, as well as under Sections 4, 6 and 12 of the POCSO
NEUTRAL CITATION
R/CR.MA/19673/2025 ORDER DATED: 27/04/2026
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Act, so also all other consequential proceedings arising pursuant
thereto qua the present applicant.
3. 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 Mr. Mr. Junaid Shaikh
waives service of notice of rule for and on behalf of the
respondent No.2- complainant.
4. At the outset, learned advocate Mr.Nadeem Mansuri for Mr.
Altaf Charkha, learned advocate for the applicant has submitted
that the victim girl, i.e. the daughter of the complainant (i.e. the
respondent No.2), who was aged about 17 years 04 months and
03 days at the time of alleged incident had, on her own will and
volition, eloped with the present applicant. Learned advocate has
further submitted that the victim girl was having intimacy with
the present applicant and, therefore, they got married on
15.05.2023. The marriage certificate has also been produced on
record at Annexure- E to the application. Learned advocate Mr.
Mansuri has submitted that since the dispute between the parties
has been amicably resolved and the couple are happily residing
together, the trial would be a futile exercise and further
continuation of the proceedings would amount to abuse of
NEUTRAL CITATION
R/CR.MA/19673/2025 ORDER DATED: 27/04/2026
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process of law.
5. Learned APP appearing for the respondent - State has
vehemently opposed the present application and has submitted
that considering the seriousness and gravamen of the offence,
the complaint in question may not be quashed, and the present
application may be rejected.
6. Learned advocate appearing for the complainant has
submitted a copy of the birth certificate of the daughter of the
victim, named, Mansi Bachubhai Parmar, which is ordered to be
taken on the record.
7. The respondent no.2 - original complainant, who is the
mother of the victim-girl and the victim girl are personally
present before this Court. She has submitted that the matter has
been amicably resolved with the applicant-accused and she does
not want to proceed further with the matter as she has no
grievance against the present applicant-accused. She has also
filed an affidavit dated 10.09.2025 in this regard, which is
ordered to be taken on record. The victim-girl has also filed an
affidavit dated 10.09.2025 at Annexure -D to the application.
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R/CR.MA/19673/2025 ORDER DATED: 27/04/2026
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8. The relevant paragraph of the affidavit filed by the
complainant reads as under:-
"1. Being complainant of the present case, I'm aware
about the facts and circumstances of the case.
2. I say and submit that I've an F.I.R filed on
08.07.2022 with Godhra Taluka Police Station,
Panchmahal being CR. No.I-11207078220247 of 2022
against the applicant for the offenses under sections
363, 366 and 376(2)(n) of Indian Penal Code and
Sections 4, 6 and 12 of POCSO Act.
3. I say and submit that the dispute between myself
and applicant-accused came to be settled, and at
relevant point of time on account of minor
misconception the F.I.R in question came to be filed
against the applicant and after registration of the
case, the dispute is now settled between myself and
applicant, now there is no ill will-grievances exists
amongst us, even victim and accused also married
and having daughter, under these set of
circumstances, if the Hon'ble Court pleased to
terminate the proceeding as prayed for by the
applicant by quashing and setting aside the F.I.R
being CR No. 1-11207078220247 of 2022 filed before
Godhra Taluka Police Station, Panchmahal, and
further proceedings arising thereof, I've no objection."
9. The relevant paragraph of the affidavit filed by the victim
reads as under:-
"1. Being victim in the present case, I'm aware about the
facts and circumstances of the case.
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R/CR.MA/19673/2025 ORDER DATED: 27/04/2026
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2. I say and submit that my mother Geetaben file an F.I.R
on 08.07.2022 with Godhra Taluka Police Station,
Panchmahal being CR. No.I-11207078220247 of 2022
against the applicant for the offenses under sections 363,
366 and 376(2)(n) of Indian Penal Code and Sections 4, 6
and 12 of POCSO Act.
3. I say and submit that after I became Major I Had been
married to applicant and we are also having a daughter
from the said wedlock, there is no dispute between myself
and applicant, and at relevant point of time on account of
minor misconception the F.I.R in question came to be filed
against the applicant and after registration of the case, the
dispute is now settled between the parties, now there is no
ill will-grievances exists amongst us, under these set of
circumstances, if the Hon'ble Court pleased to terminate
the proceeding as prayed for by the applicant by quashing
and setting aside the F.I.R being CR No. I-11207078220247
of 2022 filed before Godhra Taluka Police Station,
Panchmahal, and further proceedings arising thereof, I've
no objection."
10. It appears from the material on record that the victim girl
was having intimacy with the applicant and therefore, she on her
own will and volition, had eloped with the applicant and
subsequently, after attaining the age of majority, she got
married with the applicant on 15.05.2023 at Bhuj, and the
marriage has also been registered on 27.06.2023 before the
Marriage Registrar, Bhuj Nagarpalika. If further appears that they
have also been blessed with a baby girl on 23.03.2024 and a
copy of the birth certificate of the child is also produced.
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Furthermore, it appears that the couple is residing happily under
one roof.
11. 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 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 against the applicant-accused would
be nothing but unnecessary harassment to the applicant-
accused, and it would be a futile exercise.
12. Considering the nature of the dispute between the parties
as well as considering the peculiar facts of the case, this Court is
of the considered opinion that the matter requires consideration.
The continuation of the trial would be a futile exercise since the
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star witness, who herself is the victim, does not want to continue
further with the proceedings pursuant to the impugned FIR. It,
therefore, appears that the same would amount to abuse of
process of law. Therefore, to secure the ends of justice, the
impugned FIR is required to be quashed and set aside in exercise
of the inherent powers conferred under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
13. In the result, the application is allowed. The FIR being CR.
No.11207078220247 of 2022 registered with the Kankanpur
Police Station, District - Panchmahals, for the offences punishable
under Sections 363, 376(2)(n) and 366 of the Indian Penal Code,
as well as under Sections 4, 6 and 12 of the POCSO Act, so also
all other consequential proceedings arising pursuant thereto are
ordered to be quashed and set-aside qua the present applicant.
14. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J)
prk
