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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI, J
SANJAYBHAI KANABHAI @ KANJIBHAI SOLANKI – Appellant
Versus
THE STATE OF GUJARAT & ANR. – Respondent
| Table of Content |
|---|
| 1. victim's age and subsequent marriage impact proceedings. (Para 1) |
| 2. consent and jurisdiction as central arguments for quashing the fir. (Para 2 , 3) |
| 3. development of a settled marital life justifies quashing. (Para 4 , 5 , 9) |
| 4. prosecutorial challenges raised by the state against quash. (Para 6) |
| 5. court reviews precedents to guide its decision. (Para 7 , 8) |
| 6. final order to quash fir based on circumstances. (Para 12) |
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 ”) and Section 12 of the Protection of Children from Sexual Offences Act, 2012 (for short, “the POCSO Act”) 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
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