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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI, J
ASHVIN ABIBHAI PARMAR – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. victim's age and marriage status impact legal proceedings. (Para 2 , 5 , 10) |
| 2. arguments against prosecution due to consent. (Para 3 , 4 , 6 , 7) |
| 3. court observations on previous rulings regarding marriage and prosecution. (Para 8 , 9) |
| 4. decision to quash based on victim's settled life. (Para 11) |
| 5. final ruling on the necessity of quashing the fir. (Para 12) |
ORAL ORDER
1. Learned advocate Mr.C.H.Parekh submits that he has instructions to appear for the victim. He is permitted to file Vakalatnama. Victim is present in the Court and is identified by her learned advocate Mr.C.H.Parekh.
2. 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.
3. Learned advocate for the petitioner submitted that the offences under Sections 3 63 , 366 and 376 of the Indian Penal Code, 1860 (for short, “the IPC ”) and Sections 3 (a), 4, 5(j)(2),5(L), 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, “the POCSO Act”) are not attrac
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