Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Guj) 11128

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M. K. Thakker, J
Sanjay Jethabhai Solanki – Appellant
Versus
State of Gujarat – Respondent
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 5536 of 2026

Advocates:
For the Appellants/Petitioners: Maulik M Soni
For the Respondents: Ronak Raval

The court may exercise its inherent jurisdiction to quash criminal proceedings involving minor victims if the parties have entered into a voluntary, amicable settlement and formalized their relationship through marriage, rendered further prosecution an unnecessary abuse of the judicial process.

Headnote:(A) Criminal Procedure - Quashing of FIR - Settlement between parties - Marriage between applicant and victim - Minor victim eloped - Complainant consented to quashment - Continuation of criminal proceedings would be an abuse of process - Court exercised inherent powers to quash proceedings to ensure family harmony and future marital stability. (Paras 3, 6, 7)

(B) Judicial Restraint - Matters involving minors - Generally, court exercises caution in cases involving minor victims - However, where parties have reached an amicable settlement and entered into a stable marital relationship, persistence in litigation serves no useful purpose and would cause undue harassment. (Paras 3, 4, 5)

Facts of the case:
An application was filed for the quashing of an FIR alleging abduction and offences under a special statute for the protection of children. The victim, a minor at the time of the incident, subsequently married the accused. The complainant, who is the father of the victim, filed an affidavit indicating that the dispute had been settled amicably and that there was no remaining objection to the prosecution of the applicant. The parties sought the closure of criminal proceedings to facilitate future peaceful and healthy relationships.

Findings of Court:
The court observed that the continuation of criminal proceedings would serve no useful purpose and would constitute an abuse of the legal process. Given the marriage between the parties and the express consent of the victim’s family, the court exercised its discretionary jurisdiction to quash the impugned proceedings to prevent futility and hardship to the individuals involved.

Issues: Whether the court should exercise its inherent powers to quash criminal proceedings involving a minor victim when the parties have voluntarily reconciled and entered into a matrimonial relationship, with the express consent of the complainant.

Ratio Decidendi: When a criminal proceeding arises from personal disputes that have been settled, and where the continuation of the trial would cause undue hardship rather than serve the ends of justice—particularly following a marriage and family reconciliation—the court is justified in exercising its inherent authority to quash the proceedings.

Result: Application allowed; FIR and all consequential proceedings quashed.

Table of Content
1. background facts regarding fir and settlement between parties (Para 1 , 2)
2. quashing fir due to marriage and amicable settlement (Para 3 , 4 , 5 , 6)
3. final order allowing the quashing petition (Para 7)

ORAL ORDER

1. Present application is filed for the quashment of the FIR being C.R.No.11203025220205 of 2022 registered with Junagadh Taluka Police Station, District Junagadh for the offences punishable under sections 137(2), 87 and 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023 as well as sections 4, 6, 8 and 12 of the POCSO Act, 2012 .

2. As per the allegations in the FIR, the victim girl, aged 16 years and 01 month, is stated to have eloped with the present applicant, thereby attracting offences under Sections 363 and 366 of the Indian Penal Code. At the outset, it is submitted that the victim has since married the applicant and the father of the victim, who is the complainant, has no objection to the quashing of the FIR. In this regard, the affidavit filed by the father has been perused by this Court, wherein the following aspects are stated:

“1. Kishorbhai Bachubhai Degama, Male, Age: 42 Years, Occupation: Labour Work, Residing at.: Choki Sorath, Koli Vada, Taluka: Junagadh, District: Junagadh, Original Complainant do hereby solemnly affirm and state on oath as under:

1. I am the Respondent No. 2 i.e. Original Complainant in the memo of Petition and I am fully conversant with the facts and circumstances of the case and I am duly competent to file this Affidavit.

2. I say that I have gone through the Memo of Petition and the Facts and Grounds stated in the memo of 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 do not wish to prosecute the Petitioners any further with respect to the F.I.R. dated 21.03.2022 being C.R. No. 11203025220205 of 2022 registered before the Junagadh Taluka Police Station, District: Junagadh for the offences punishable Under Sections137(2), 87 and 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023 as well as the offences punishable under Section 4 , 6, 8 and 12 of the POCSO Act, 2012 as well as quashing of the Charge Sheet as well as the Special POCSO Case No. 29 of 2025 pending before the Ld. 5th Additional District Judge, at Junagadh, District: Junagadh and Further Consequential Proceeding arising out of the same F.I.R.

3. I say that the there was no enmity between myself and the present petitioners. I say that I have settled the dispute with them and I do not wish to rather prosecute the F.I.R. against Petitioners because both Family Members realized there Mistake.

4. I say that after registration of the impugned F.I.R., a meeting took place between my family and me members in presence of common friends and well wishers and the misunderstanding between us got cleared. Accordingly, the, matter has been resolved and an amicable settlement has been arrived at between the parties so as to maintain harmony. peaceful and healthy personal relationships in future. In view of amicable settlement, I have also agreed to support the petitioners in respect of prosecution initiated against the petitioners on the basis of impugned F.I.R. and as per the mutual understanding and settlement, I have agreed to give consent for quashing of impugned F.I.R. and other proceedings. Thus, I do not want to prosecute the impugned F.I.R. and other proceedings against the all Petitioners.

5. 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 the criminal proceedings with petitioners as the dispute between us has been amicably settled. I state that F.I.R. dated 21.03.2022 being C.R. No. 11203025220205 of 2022 registered before the Junagadh Taluka Police Station, District: Junagadh for the offences punishable Under Sections137(2), 87 and 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023 as well as the offences

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2026 Supreme(Online)(Guj) 11128

IN THE HIGH COURT OF GUJARAT AT AHMEDABADM. K. Thakker, JSanjay Jethabhai Solanki – AppellantVersusState of Gujarat – RespondentR/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 5536 of 2026

The court may exercise its inherent jurisdiction to quash criminal proceedings involving minor victims if the parties have entered into a voluntary, amicable settlement and formalized their relationship through marriage, rendered further prosecution an unnecessary abuse of the judicial process.

Cases Referred (1)

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M. K. Thakker, J
Sanjay Jethabhai Solanki – Appellant
Versus
State of Gujarat – Respondent
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 5536 of 2026