IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 3162 of 2026 ==========================================================

GOPAL DAMJIBHAI THOLIYA Versus STATE OF GUJARAT & ORS.

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Appearance:

MR JIGAR L PATEL(11596) for the Applicant(s) No. 1 MR KETAN PARMAR, LD. ADVOCATE FOR MR GAURAV P GOYAL(8861)

for the Respondent(s) No. 2 MS KRINA CALLA, LD.ADDL. PUBLIC PROSECUTOR for the Respondent(s)

No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 05/03/2026

ORAL ORDER

1. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant-accused seeks to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report being C.R.No.I- 11191001250291 of 2025 registered with the Anandnagar Police Station, District: Ahmedabad city, for the offences punishable under Sections 137(2) and 87 of the Bharatiya Nyaya Sanhita, as well as all other consequential proceedings arising pursuant thereto.

2. Today, when the matter is called out, the complainant, who is personally present before this Court, has produced his identity proof as well as the affidavit-in-reply dated

05.03.2026, which are ordered to be taken on record.

3. On 09.02.2026, this Court passed the following order:

“4. It appears that at the time of the alleged incident, the victim – girl was aged about 17 years, 11 months and 02 days, whereas, the present applicant-accused was aged about 21 years.

5. It is submitted that since both the victim-girl and the applicant-accused were in love, they had eloped. It also appears that the victim-girl, after attaining the age of majority, got married with the present applicant- accused and a marriage certificate regarding the same is produced at annexure- C to the application. The affidavit of the victim-girl is at annexure- D to the application

6. Today, the victim – girl is present before the Court and she has admitted the contents of the affidavit. She has further stated that after attaining the age of the majority, she got married on 06.01.2026 with the present applicant-accused and they are happily residing together as husband and wife. She has, therefore, no objection if the FIR is quashed and set aside.”

4. Considering the issue involved in the present application as well as considering the fact that the dispute has been amicably resolved between the applicant and the victim, with the consent of the parties, the present application is taken up for final disposal.

5. RULE returnable forthwith. Learned APP Ms.Krina Calla waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Mr.G.P.Goyal waives service of notice of rule for and on behalf of the respondent no.2 – complainant.

6. Learned advocate for the applicant-accused has submitted that since the dispute has been amicably resolved between the applicant and the victim, the application may be allowed and the impugned FIR may be quashed and set-aside.

7. The victim, who is personally present in the Court, has categorically stated that she has no objection if the application is allowed and the impugned FIR is quashed and set-aside. Thus, it appears from the aforesaid that sending the applicant-accused to face the trial would be nothing but a futile exercise and would amount to abuse of process of law.

8. The relevant paragraphs of the affidavit-in-reply of the respondent No.2- complainant, read thus :

“1. That the present Criminal Miscellaneous Application has been filed by the applicant seeking quashing and setting aside of FIR being C.R. No. 11191001250291 of 2025 dated 18.11.2025, registered at Anandnagar Police Station, District Ahmedabad, at my instance, for the offences punishable under Sections 137(2) and 87 of the Bharatiya Nyaya Sanhita (hereinafter referred to as "BNS").

2. I had re