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NEUTRAL CITATION

R/CR.MA/21894/2025 JUDGMENT DATED: 06/04/2026

0.8625339575383835

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 21894 of 2025

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SUNIL MAGANBHAI MAKWANA & ORS.

Versus STATE OF GUJARAT & ANR.

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Appearance:

MR. VINESH K CHHAYA(6271) for the Applicant(s) No. 1,2,3 MR. MANAN MAHETA, APP for the Respondent(s) No. 1

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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

Date : 06/04/2026

JUDGMENT

1. The present application has been preferred by the applicants-accused, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash and set- aside the FIR being I-CR No.35 of 2019 lodged with the Dhrol Police Station, Jamnagar, in connection with the offences punishable under Sections 363, 366, 506(2) and 114 of the Indian Penal Code, 1860, as well as under Section 135(1) of the Gujarat Police Act, on the ground of

settlement arrived at between the parties.

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NEUTRAL CITATION

R/CR.MA/21894/2025 JUDGMENT DATED: 06/04/2026

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2. At the outset, learned advocate Mr.Vinesh Chhaya appearing for the applicants-accused has submitted that since the matter has been settled between the parties, and since the victim-girl, after attaining majority, has consented to it, the application may be allowed and the impugned FIR may be quashed and set-aside qua the present applicants-

accused.

3. It appears from the materials on record that the victim-girl, who is the granddaughter of the sister-in-law (‘nanand’) of the complainant, was aged about 17 years at the time of the alleged incident. It further appears that on 06.05.2019 she was abducted by the applicants-accused from the legal guardianship of the complainant, with the intention to commit illicit intercourse and a complaint in

this regard was registered on 09.07.2019.

4. It appears that the victim-girl was found on 03.07.2023 (i.e. after a period of four years of the alleged incident) and her statement was recorded on the same day,

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wherein she had specifically deposed that the accused persons, namely, Mago, Kishore, Sunil, Digo, Talo, Sanjay, Harsukh, Kamlesh and Vijay had committed rape on her

against her wish.

5. It further appears that, despite the victim’s explicit narration in her statement, detailing the acts of sexual violence committed on her by the accused persons, the investigating authority failed to immediately refer her for a forensic medical examination or a judicial statement under Section 164 of the Code of Criminal Procedure. It also appears that the charge pertaining to the offence of rape along with POCSO was not incorporated, which constitutes

a serious dereliction of duty.

6. On 03.12.2025, the learned APP appearing for the respondent – State had submitted a report dated 03.12.2025 of the Investigating Officer Ms.A.A.Khokhar, Police Inspector, A.H.T.U., Jamnagar, whereupon certain unusual facts were revealed, raising suspicion about the

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NEUTRAL CITATION

R/CR.MA/21894/2025 JUDGMENT DATED: 06/04/2026

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conduct of the police. It was noticed that though the complainant had reported about the alleged incident to the Dhrol Police Station immediately on 06.05.2019, yet it did not take any action. The complainant, thereafter, reported the matter to the District Superintendent of Police, who, in turn, directed the Dhrol Police Station to take necessary action, however, instead