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Gujarat High Court
Arjunbhai Surjibhai Modiya vs State Of Gujarat on 13 March, 2026
NEUTRAL CITATION
R/CR.MA/5488/2026 ORDER DATED: 13/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 5488
of 2026
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ARJUNBHAI SURJIBHAI MODIYA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR ANKIT V DIXIT(10019) for the Applicant(s) No. 1
MR. MANAN MAHETA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 13/03/2026
ORAL ORDER
1. Learned advocate Mr. Harshad M. Parmar appears and
submits that he has instructions to appear on behalf of the
respondent no.2 - original complainant. He is permitted to file
his appearance. Registry shall accept his vakalatnama as and
when the same is filed.
2. By way of preferring the present application under Section
528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the
applicant-accused seeks to invoke the inherent powers of this
Court, praying to quash and set-aside the First Information
Report No. 11209057250220 of 2025 registered with the
Chithoda Police Station, District Sabarkantha, for the offences
punishable under Sections 75(2), 79 of the Bharatiya Nyaya
Sanhita, 2023 and under Section 12, 18 of the Protection of
NEUTRAL CITATION
R/CR.MA/5488/2026 ORDER DATED: 13/03/2026
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Children from Sexual Offences Act, 2012 as well as the
proceedings of the POCSO Case No. 18 of 2025 pending in the
Court of the learned 2nd Additional District and Sessions Judge,
Idar, so also all other consequential proceedings arising
pursuant thereto.
3. Today, when the matter is called out, the complainant is
personally present before this Court. He has submitted an
affidavit which is annexed as Annexure 'B' to the application.
The complainant has admitted the contents of the said affidavit
dated 19.02.2026 filed by him. Learned advocate appearing for
the applicant has also tendered the deposition of the victim
made in the POCSO Case No.18 of 2025. The complainant has
specifically submitted that since the dispute has been settled
with the applicant, he does not want to proceed further with the
matter. It appears from the deposition of the victim, who is the
star witness of the case, that she has not supported the case of
the prosecution and has turned hostile. In the affidavit also, the
complainant has categorically stated that with the intervention
of the friends, family members and community people, the
dispute with the present applicant has been amicably resolved
and there is no ill-will or any grievance amongst them.
4. Considering the issue involved in the present application
as well as considering the fact that the dispute has been
amicably resolved between the parties, with the consent of the
learned advocates appearing for the respective parties, the
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R/CR.MA/5488/2026 ORDER DATED: 13/03/2026
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present application is taken up for final disposal.
5. RULE returnable forthwith. Learned APP Mr. Manan
Maheta waives service of notice of rule for and on behalf of the
respondent no.1 - State and learned advocate Mr. Harshad M.
Parmar waives service of notice of rule for and on behalf of the
respondent no.2 - complainant.
6. Learned advocate for the applicant-accused has submitted
that since the dispute has been amicably resolved between the
parties, the application may be allowed and the impugned FIR
may be quashed and set-aside.
7. The complainant, who is personally present in the Court,
has categorically stated before this Court that he has no
objection if the application is allowed and the FIR as well as the
proceedings of the POCSO Case are quashed and set-aside.
Thus, it appears from the aforesaid that sending the applicant-
accused to face the trial would be nothing but a futile exercise
and would amount to abuse of process of law.
8. The relevant paragraphs of the affidavit filed by the
complainant, read thus :
"2) I say that subsequent to registering of the FIR, amicable
settlement has been arrived at between me and the petitioner-
accused upon intervention of elderly members and reputed
persons. I say that I have filed the above FIR in haste due to
misunderstanding. I say that now, I have no any grievance
against the petitioner.
3) I say that in the circumstances, I have no objection if the
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R/CR.MA/5488/2026 ORDER DATED: 13/03/2026
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impugned FIR and all proceedings in pursuance thereto against
the petitioner are quashed by this Hon'ble Court. I have no
grievance against the accused person and this Hon'ble Court may
be pleased to allow the petition, as prayed for.
4) I am filing this affidavit without any force, coercion or
threat and at my free will, wish and desire and with conscious
mind."
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
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 further continuation of the criminal proceedings in
relation to the impugned FIR and the POCSO Case against the
applicant-accused would be nothing but unnecessary
harassment to the applicant-accused. It further appears that the
trial would be a futile exercise and continuing further with the
proceedings pursuant to the impugned FIR and the proceedings
of the POCSO Case 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
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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 First
Information Report No. 11209057250220 of 2025 registered
with the Chithoda Police Station, District Sabarkantha, for the
offences punishable under Sections 75(2), 79 of the Bharatiya
Nyaya Sanhita, 2023 and under Section 12, 18 of the Protection
of Children from Sexual Offences Act, 2012 as well as the
proceedings of the POCSO Case No. 18 of 2025 pending in the
Court of the learned 2nd Additional District and Sessions Judge,
Idar, so also all other consequential proceedings arising
pursuant thereto are hereby ordered to be quashed and set-
aside, qua the present applicant only.
11. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J)
AMAR SINGH
