ORDER :

1. RULE. Mr. Hardik Mehta, learned Additional Public Prosecutor and Ms. Priyanka A. Gupta, learned Advocate, waive service of notice of Rule on behalf of respondents No.1 & 2 respectively.

2. This application has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing and setting aside the First Information Report bearing I-C.R. No.83 of 2019 registered with Kathlal Police Station, Kheda, Nadia for the offences punishable under Sections 363, 366, 376(1) and 114 of the Indian Penal Code and under Sections 3(a), 4, 5(L), 12 and 17 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and the proceedings initiated in pursuant thereto.

3. Learned Advocate for the applicants submitted that the applicant No.1 and the victim girl have married in the presence of the family members and relatives and others on 14.02.2020 and the marriage ceremony has taken place at Kesharpura, District Kheda, Nadiad. The marriage was registered on 25.02.2020 at Serial No. 0000014 of Volume 00000001 of Register of Marriages. Learned Advocate submitted that the Court may verify the said aspect from the original complainant, respondent no.2.

4. Learned Advocate Ms. Priyanka Gupta for learned Advocate Mr. Nareshkumar A. Rathod for the respondent no.2, original complainant states that the complainant is before this Court and is the father of the victim girl. It is further submitted that the complainant has given his consent for quashing of the First Information Report since the applicant No.1 and the victim girl have married in accordance with the Hindu customs and rites. The Affidavit of the original complainant dated 03.01.2023 is tendered before this Court.

5. I have heard learned Advocates appearing for the parties and perused the records of the case. This Court has verified from the complainant – Vinubhai Baldevsinh Zala who states that he has no objection if the First Information Report is quashed as his daughter and the applicant No.1 have married, the marriage has been registered and out of the wedlock, there is a child who was born on 03.05.2022.

6. The victim girl is also present in the Court and who through an Affidavit dated 05.03.2020 has prayed for quashing of the First Information Report stating that she does not want the proceedings to continue qua the applicant. It is further stated by the victim girl that she was in love relation with the applicant No.1 and out of grievance, the First Information Report was filed but now she is married with the applicant No.1 and has a child out of the wedlock. It is also stated by the victim girl that she is having peaceful and happy married life, she confirms the Affidavit and has given her consent for quashing of the First Information Report.

7. The statement of the victim was recorded by the police and in the statement, she confirms her love relation and consensual relation with the applicant No. 1. At the time of incident, the victim was shown to be aged as 17 years, 11 months and 30 days. Considering her age and the statement given, it appears that she had at the relevant time, on her own volition had taken the mature decision of joining the applicant No.1 and now she is married to the applicant No.1; the marriage has been registered and there is a child out of the wedlock. In addition, the complainant himself has no grudge against the applicants and has also given his consent for quashing of the First Information Report.

8. Learned Additional Public Prosecutor, submitted that any First Information Report should be quashed in accordance with the guidelines of the Apex Court and the parameters laid down therein.

9. This Court has heard the learned advocates on both the sides and has perused the material on record. In the Affidavit dated 03.01.2023 filed by respondent no.2, original complainant, it has been categorically averred that the dispute with the applicants has been amicably resolved.

10. It is true that certain section of IPC is non-compoundable and that t