IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 1850 of 2020 FOR APPROVAL AND SIGNATURE:

HONOURABLE MRS. JUSTICE M. K. THAKKER ==========================================================

Approved for Reporting Yes No ✔

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SUBHASHBHAI TRAMBAKLAL MODI Versus STATE OF GUJARAT & ANR.

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Appearance:

MR PRATIK B BAROT(3711) for the Applicant(s) No. 1 MR PV PATADIYA(5924) for the Respondent(s) No. 2 MR. RONAK RAVAL, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER Date : 24/03/2026

ORAL JUDGMENT

1. The present application has been preferred seeking quashment of the First Information Report (FIR) being I- C.R. No. 141 of 2014 registered with Naranpura Police Station, District Ahmedabad City, dated 06.05.2014, for the offences punishable under Sections 376, 362, 342, 328, 406, 323, 506(1), and 114 of the Indian Penal Code, as well as under Section 135(1) of the Gujarat Police Act. The applicant has further prayed for quashing of the charge-sheet filed pursuant thereto and proceedings of Sessions Case No. 218 of 2015 pending before the learned Additional Sessions Judge, City Civil and Sessions Court at Ahmedabad.

2. Respondent No. 2, who is the victim, lodged the impugned FIR alleging accusations against eleven persons, including the present applicant, who is arraigned as accused No. 1. As per the recitals of the FIR, the complainant lost her mother at the age of four years, and thereafter her father remarried. The present applicant was residing in the same vicinity as a neighbour. It is alleged that the applicant induced the complainant on the pretext of arranging her marriage with his relative and instigated her against her family members under the guise that her marriage would otherwise be solemnized in some tribal area. It is further alleged that the complainant had cleared her 12th standard examination approximately eight years prior to the date of the incident. The applicant allegedly took her to his office situated at C.G. Road, Dev Path Complex, where, after consumption of a cold drink, she was subjected to sexual intercourse by the applicant. It is alleged that the complainant was thereafter repeatedly subjected to sexual intercourse at different places at the instance of the applicant, which continued until she attained the age of 24 years. It is further alleged that nude photographs and video clippings of the complainant were taken, and she remained under the control and influence of the applicant. The complainant’s father solemnized her marriage with one Ankitkumar Ghanshyambhai Soni, however, it is alleged that due to the intervention of the applicant, the said marriage was dissolved within a period of one year. Thereafter, while the complainant was employed at various places, the applicant allegedly continued to take her to his office and subjected her to sexual intercourse. Subsequently, the complainant’s second marriage was solemnized with Miteshbhai Dilipbhai Dholakiya at Surendranagar on 15.12.2012. It is alleged that the applicant threatened the complainant to give a missed call, failing which her photographs would be disclosed to her in-laws. Being under fear and insecurity, the complainant obeyed the instructions of the applicant. On 16.01.2014, upon giving a missed call, the applicant allegedly instructed her to leave her matrimonial home after taking ornaments and cash. Accordingly, the complainant left her in-laws’ house carrying ornaments and cash amounting to Rs. 17,00,000/-. It is further alleged that upon contacting the applicant thereafter, he informed her that he was in Mumbai and instructed her to return to her in-laws’ house. Upon expressing her inability to do so, the applicant directed her to stay at the house of his friend, namely Manisha. However, upon