ORAL ORDER

[1.0] Registry to accept vakalatnama of learned advocate Mr. Tushar L. Chauhan, who has instructions to appear for respondent No.3 – victim.

Though matter is filed under the head of consent quashing, respondent No.2 – original complainant has expired pending the petition and therefore, petition is considered on its merits.

[2.0] RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent No.1 – State of Gujarat and learned advocate Mr. Tushar L. Chauhan waives service of notice of Rule for and on behalf of respondent No.3.

[3.0] By way of this petition under Article 226 of the Constitution of India read with Section 5 28 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short “ BNSS ”), the petitioner has sought for quashing of the FIR being CR No.11192061210080 of 2021 registered with Viramgam Town Police Station, District Ahmedabad for the offences under Sections 363 , 366 and 376 of the Indian Penal Code , 1860 and under Sections 4 , 5(l), 6 and 8 of the Protection of Children from Sexual Offences Act alongwith the proceedings of POCSO Case No.19/2021 pending in the Court of learned Additional Sessions Judge, at Viramgam, District Ahmedabad