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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI, J
PRAVIN @ BHAKO SAVSHIBHAI KOLI @ SUVAN – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. consensual relationship led to marriage. (Para 1 , 2 , 4 , 5) |
| 2. jurisdictional quashing of fir requested. (Para 3 , 6) |
| 3. marriage stabilizes status; avoids trial. (Para 7 , 8 , 10) |
| 4. court's reasoning for quashing proceedings in light of marriage. (Para 9) |
ORAL ORDER
Though served, none appears for the respondent No.2.
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. The couple is now blessed with children.
2. Learned advocate for the petitioner submitted that the offences under Sections 3 63 and 366 of the Indian Penal Code, 1860 (for short, “the IPC ”) and Sections 3 and 4 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 Court in Mahesh Mukund Patel v. State of U.P. & Ors., reporte
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