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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI, J
HARDIK ARVINDBHAI SURANI – Appellant
Versus
THE STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. application to quash fir based on marriage. (Para 1 , 4 , 10) |
| 2. arguments for quashing based on consent. (Para 2 , 3 , 5) |
| 3. court's observation on marriage's impact on prosecution. (Para 6 , 8 , 11) |
| 4. final decision embracing the principle of justice and quashing. (Para 9) |
ORAL ORDER
1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 , the applicant has prayed to quash and set aside the FIR being CR No.11193034200884 of 2020 registered with Lathi Police Station, Amreli for the offences under Sections 363 and 366 of the IPC and all the consequential proceedings arising therefrom.
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 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, the Hon’ble Supreme Court held that although
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