IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO, J.
Shivam Piyushbhai Brahmbhatt - Applicant
Versus
State Of Gujarat & Anr. – Respondents
R/Criminal MISC. Application (For Consent Quashing) No. 8506 of 2026
Decided On : 05-05-2026
ORDER :
S.V. PINTO, J.
1. Rule returnable forthwith. Learned APP Ms. C.M. Shah and learned advocate Mr. Vatsal Ruparel waive service of notice of rule for the respective respondents.
2. As the matter is amicably settled between the parties, the matter is taken up for final hearing.
3. By way of this application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023, the applicants have prayed to quash and set aside the FIR No.1119002250483 of 2025 registered with Bapod Police Station, Vadodara City for the offences under Sections 64(2)(m) of the BNS, 2023 and under Section 3(a), 4, 5(L),5(J)(2), 6 etc. of of the POCSO Act and Special POCSO Case No. 141 of 2025 pending before the Special Court, Vadodara.
4. Heard learned advocate Mr. Jaivik Uday Bhatt for the applicant, learned APP Ms. C.M.Shah for the respondent no.1 – State and learned advocate Mr. Vatsal Ruparel for the respondent no.2 – original complainant.
5. Learned advocate Mr. Jaivik Uday Bhatt for the applicant and learned advocate Mr. Vatsal Ruparel for the respondent no.2 – original complainant jointly submit that the dispute between the parties has been amicably settled as the daughter of the complainant i.e. victim and the applicant were in relationship and got married on 19.02.2025 and the marriage certificate issued by the competent authority is produced on record. Learned advocates further submit that the respondent no. 2 – original complainant is present in person along with her affidavit in support of their submissions. The respondent no.2 – original complainant does not wish to prosecute the matter further. The compromise has been entered into voluntarily, without any coercion, undue influence or pressure and, therefore, the respondent no.2 has no objection if the impugned FIR as well as all the other consequential proceedings arising pursuant thereto are quashed against the applicant – accused.
6. On inquiry, the respondent No.2 – original complainant submits that the applicant and her daughter – the victim were in a love relationship and at the time of the incident, the victim was aged 17 years and 09 months. They were in a love relationship for a long time and wanted to get married to each other, but due to her age they could not get married. Thereafter, with the consent of their families, their marriage has been solemnized and registered on 27.03.2026 and at present, the applicant and the daughter of the complainant are residing together. The agreement has been arrived at without any force, coercion, undue influence or threat from any person but of their own free will and this Court is satisfied that the compromise has been entered into between the parties. The affidavit filed by the respondent no. 2 as well as the victim is taken on record.
7. Learned APP Ms. C.M.Shah for the respondent no.1 – State submits that the contents of the FIR are just and proper; however, considering the fact that the dispute between the parties is amicably settled, necessary order may be passed.
8. The affidavit filed by the respondent no. 2 – original complainant reads as under:
“I Nita Bhikhabhai Rajput, aged about 43 years, having residence at House No. 84-85, Ganeshnagar Society, B/ H. Rangvatika Temple, Bopad Jakatnaka, Waghodiya Road, Vadodara. I am the First informant in the FIR registered as C.R. No. 11196002250483 of 2025 registered with Bopad Police Station under S. 64(2)(M) of BNS and S. 3(A), 4, 5(L), 5(J)(2), 6 of the POCSO Act, herein, do hereby takes on oath and solemnly affirm on oath as under:
1. That I have gone through the copy of the memo of petition of Criminal Misc. Application no. 8506 of 2026, filed by the present applicant/petitioner. I state and submit that FIR was registered by me.
2. I further state and submit that after registration of the above mentioned FIR, chargesheet came to be filed and then after Special POCSO case No. 141 of 2025 was registered with the Special Pocso Court, Vadodara on basis of said FIR and Chargesheet.
3. I further submit th
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