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2026 Supreme(Guj) 1184
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M. K. THAKKER, J.
Bhargav @ Bhavinbhai Chimanbhai Solanki – Appellant
Versus
State Of Gujarat And Anr. – Respondents
R/Criminal Misc.Application (For Quashing & Set Aside Fir/Order) No. 13491 Of 2021
Decided On : 10-04-2026
For The Appellant : Mr Bc Dave
For The Respondent: Mr Vaibhav N Sheth Ronak Rawal, App
Where an FIR is filed as a counter-blast to prior criminal proceedings between parties in a consensual relationship, and the allegations lack evidence of non-consensual sexual violence, pursuing such a case constitutes an abuse of the criminal justice system, warranting quashing under Section 482 of the Code of Criminal Procedure.
Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 376 and 452 - Quashing of First Information Report - Inherent powers of High Court - Prevention of abuse of process of law - Criminal proceedings initiated as a counter-blast - Consensual sexual relations between adults. (Paras 4.1, 8.2, 8.3, 8.4)
(B) Criminal Procedure - Quashing of proceedings - Guidelines laid down by Apex Court regarding exercise of powers under Section 482 - Where allegations in FIR, even when taken at face value, do not disclose commission of cognizable offence or are motivated by personal grudge and mala fide intent, the Court is obligated to intercede to secure ends of justice. (Para 8.3)
Facts of the case:
The applicant filed an application seeking the quashing of an FIR registered for alleged sexual assault and criminal house trespass. The applicant and the complainant had an established, consensual, and intimate relationship characterized by financial assistance provided by the former. The incident in question came to light when a third party observed them in a private space, subsequently leading to an altercation involving neighbors. The applicant had previously filed a criminal complaint regarding injuries sustained during said altercation. The impugned FIR, alleging sexual assault, was filed nearly one week after the incident, raising suspicion of retaliatory motive.
Findings of Court:
The court observed that the surrounding facts pointed towards a consensual relationship rather than sexual violence. It was noted that the complainant did not raise an alarm at the time; the matter only surfaced due to the interruption of a third party. The court concluded that the FIR, lodged significantly later than the alleged incident and following the institution of criminal proceedings by the applicant against others, indicated that the prosecution was a counter-blast intended to spite the applicant.
Issues: The main issues addressed were whether the material on record supported the existence of a non-consensual sexual act and whether the initiation of the criminal proceedings constituted an abuse of the process of law, satisfying the criteria for quashing under the governing legal provisions.
Ratio Decidendi: In cases of sexual assault allegations between consenting adults, courts must exercise extreme caution. When the circumstances suggest a consensual relationship and the initiation of proceedings bears the hallmark of a retaliatory counter-blast lodged with unexplained delay, the prosecution is deemed an abuse of the criminal justice machinery and must be set aside to prevent such misuse.
Result: Application allowed; the impugned FIR and all proceedings arising therefrom are quashed and set aside.
| Table of Content |
|---|
| 1. overview of the petition for quashing fir no.112140 under section 482 crpc. (Para 1 , 2 , 3) |
| 2. conflicting contentions regarding consensual relations versus sexual violence allegations. (Para 4 , 5 , 6) |
| 3. examination of the statutory definitions of rape under sections 375 and 376 of the ipc. (Para 7) |
| 4. application of bhajan lal criteria to address malicious intent and consensual adult relationships. (Para 8) |
| 5. final order granting the petition and quashing the fir. (Para 9) |
JUDGMENT :
M. K. THAKKER, J.
1. The present application is filed under Section 482 of the Criminal Procedure Code seeking the quashment of the FIR No.11214020211262 of 2021 dated 18.06.2021 registered with Kamrej Police Station, Dist. Surat (Rural) for the offences punishable under Sections 376(1) and 452 of the Indian Penal Code, alleging the accusations against the present applicant being a sole accused.
2. As per the allegations of the FIR, the first informant, a married lady aged around 28 years having two kids, went to her parental house due to the treatment of her husband which is going on. When she went at de-addiction centre for treatment and as per the allegations, five years ago the husband came into contact with the applicant. Through the husband, the first informant also came in touch with the applicant. The present applicant used to provide financial help to the first informant, as her husband was addicted to liquor, due to which the family was facing certain financial crunch. Due to the help which was provided by the present applicant, they came into contact with the present applicant, who had conveyed that if any difficulty would be there, to call at any time. As per the recital, the first informant has developed cordial relationship and feeling of affection with the present applicant. On 12.06.2021, she was alone during night hours and she called girl from neighbor’s family, Nasrinben, to accompany her during the night. Around 00:15 hours, the applicant entered into the house and has indulged into physical relation with the first informant. At that point of time, the neighbor’s daughter, namely Nasrinben awake suddenly from sleep and shouted, resulted into gathering of the neighbors and they all beaten the present applicant under the pretext of thief.
2.1 The present applicant had lodged an FIR under Sections 143, 147, 148, 149, 326 and 427 of the IPC and Section 3(2)(va) of the Atrocities Act on 13.06.2021 at around 14:10 P.M., reporting that the offence was committed around 22:30 P.M. The incident of the said FIR is described hereinbelow:
“The fact is such that, accused persons in the said case, namely Nazo, Hamid (Plumber), Anish Mansuri, Safwan and about 10 other individuals whom I can identify upon seeing them, they assaulted me with lethal weapons like iron pipe and iron bars and insulted me based on my caste and threatened to kill my father referring by his name and my elder brother. Further, they damaged my mobile of J-6 model made by Samsung company and caused me a loss. I hereby produce the said mobile. The SIM card Nos. associated with this mobile phone are 96877-96579 and 91067-21413. I hereby lodge a police complaint against all the aforementioned accused persons. My witnesses are persons who will be identified during the course of the police investigation. Therefore, I lodge a complaint to take legal action against all the accused persons have committed this offence in collusion with one another, assaulted me, caused a fracture to my hand and they have destroyed my mobile and insulted me by my caste by saying, “We shall kill son of Chiman Bhangi” and threatened me to kill me, my father and my elder brother.”
2.2 The first informant has also lodged an impugned FIR against the present applicant on 18.06.2021 for the same incident, stating the duration of the offence was around 00:15 on 12.06.2021, which is the subject matter of challenge before this Court.
3. Heard learned advocate Mr. B. C. Dave for the applicant, lea
