IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 5953 of 2026 ==========================================================

MUNNA HARENDRA GUPTA Versus STATE OF GUJARAT & ANR.

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Appearance:

MS. RUCHI V SINGH(8933) for the Applicant(s) No. 1 MR. MANAN MAHETA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 23/03/2026

ORAL ORDER

1. Learned advocate Ms. Raksha Khated appears and submits that she has instructions to appear on behalf of the respondent no.2 – complainant and the victim. She is permitted to file her appearance. Registry shall accept her vakalatnama.

2. By way of filing the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant- accused has prayed to quash and set aside the FIR being CR. No.11210045251039 of 2025 registered with the Pandesara Police Station, District – Surat, for the offences punishable under Sections 137(2), 87, 64(2)(m), of the Bharatiya Nyaya Sanhita, 2023, under Sections 3(a), 4, 5(j)(2), 5(k), 5(l) and 6 of the POCSO Act, the charge-sheet, as well as the proceedings of the Special (Pocso) Case No.159 of 2025 pending before the learned 8^th Additional Sessions Judge, Pocso Court, Surat, so also all other consequential proceedings arising pursuant thereto qua the present applicant.

3. RULE returnable forthwith. Learned APP Mr. Manan Maheta waives service of notice of rule for and on behalf of the respondent no.1 – State.

4. At the outset, learned advocate Ms. Raksha Khated appearing for complainant and the victim has submitted that at the time of the alleged incident, the victim was aged about 17 years and 07 months, whereas the accused was aged about 23 years. It is further submitted that both of them were in love with each other and they had eloped together, and when the victim attained the age of majority, they both got married on 17.02.2026. In support of the said contention, learned advocate Ms. Khated has produced the marriage certificate, which suggests that the marriage of the applicant and the victim has been registered on 10.03.2026 before the Registrar of Marriages, Central Zone, Surat Municipal Corporation, and now they are happily residing together. Therefore, she has urged that since the dispute between the parties has been amicably resolved, the trial would be a futile exercise and further continuation of the proceedings would amount to abuse of process of law.

5. Learned APP Mr. Manan Maheta appearing for the respondent – State has submitted that considering the seriousness and gravamen of the offence, this Court many not exercise discretion in favour of the present applicant and the application may be rejected.

6. The victim-girl is personally present before this Court and has submitted that the matter has been amicably resolved with the applicant-accused, therefore, she does not want to proceed further with the matter. She has further submitted that there is no grievance against the present applicant-accused. The complainant and the victim girl have filed their respective affidavits dated 13.02.2026, which are annexed at Annexure- B to the application.

7. The relevant paragraphs of the affidavit filed by the complainant read thus:-

“2. say that I have gone through the memo of petition and the facts and grounds stated in the memo petition are not disputed by me. At the outset I say and submit that the disputes and grievances of both the sides have been amicably settled and I have no grievance against the applicants.

3. In the facts and circumstances as narrated above, I at my free will, wish and desire am stating on oath that I do not wish to prosecute further against the applicants and as the dispute between us has been amicably settled. I state that impugned F.I.R. being 11210045251039/2025 lodged at Pandesara Police City Surat Station, for the under Sectio