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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI, J
BRIJESH SURESHBHAI CHAUDHARY – Appellant
Versus
STATE OF GUJARAT & ANR. – Respondent
| Table of Content |
|---|
| 1. victim's voluntary actions justify quashing fir. (Para 1 , 4 , 5) |
| 2. arguments against quashing based on societal implications. (Para 2 , 3 , 6) |
| 3. court's reference to similar prior case indicates supporting precedent. (Para 7 , 8) |
| 4. emphasizes the victim's choice and lack of coercion for quashing. (Para 9) |
| 5. final ruling allowing quashing to prevent undue hardship. (Para 10 , 11) |
ORAL ORDER
1. In the peculiar facts and circumstances of the present case, the victim, who was just under 18 years of age at the relevant time, is stated to have voluntarily eloped with the petitioner and subsequently entered into marriage upon attaining majority.
2. Learned advocate for the petitioner submitted that the offences under Sections 363 and 366 of the Indian Penal Code, 1860 (for short, “the IPC ”) are not attracted in the present case, considering the consensual nature of the relationship and subsequent developments.
3. In support of his submission, learned advocate for the petitioner placed reliance on the judgment of the Hon’ble Supreme Court in Mahesh Mukund Patel v. State of U.P. & Ors., reported in 2025 SCC Online SC 614, and submitted that in an identical factual scenario,
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