Gujarat High Court
Narshi Velabhai Koli vs State Of Gujarat on 27 March, 2026
NEUTRAL CITATION
R/CR.MA/6134/2026 ORDER DATED: 27/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 6134 of 2026
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NARSHI VELABHAI KOLI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR.AAKASH K MODH(9791) for the Applicant(s) No. 1
MR AMIT P SOLIYA(10780) for the Respondent(s) No. 1
NOTICE SERVED TO CONCERNED POLICE STATION HOWEVER,
SERVICE REPORT NOT FILED BY POLICE STATION for the Respondent(s)
No. 2
MR. MANAN MAHETA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 27/03/2026
ORAL ORDER
1. Learned advocate Mr. Dipak D. Prajapati appears and submits that he has instructions to appear on behalf of the respondent no.2 - original complainant. He is permitted to file the appearance. Registry shall accept his vakalatnama as and when the same is filed.
2. 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 No. 11993010220018 of 2022 registered with the Rapar Page 1 of 7 Uploaded by AMAR SINGH(HC01081) on Mon Mar 30 2026 Downloaded on : Mon Mar 30 21:47:55 IST 2026 NEUTRAL CITATION R/CR.MA/6134/2026 ORDER DATED: 27/03/2026 undefined Police Station, District Kutch East Gandhidham, for the offences punishable under Sections 363, 366, 376(2)(j)(n), 376(3) of the Indian Penal Code and under Sections 4, 6 and 18 of the Protection of Children from Sexual Offences Act, 2012, the chargesheet as well as the proceedings of the Special POCSO Case No. 85 of 2022 pending in the Court of the learned Additional District and Sessions Judge, Bhachau, District Kutch, so also all other consequential proceedings arising pursuant thereto.
3. Today, when the matter is called out, the complainant, who is personally present before this Court, has produced his identity proof as well as submitted the affidavit. The same are ordered to be taken on record. In the said affidavit, the complainant has categorically stated that with the intervention of the friends, family members and community people, the dispute with the present applicant has been amicably resolved and there is no ill-will or any grievance amongst them.
4. On the previous occasion, the victim herself was present before the Court and had categorically stated that she got married with the present applicant and is pregnant. She had further stated before this Court that she has no objection if the present application is allowed. The presence of the victim was dispensed with for today.
5. Considering the issue involved in the present application Page 2 of 7 Uploaded by AMAR SINGH(HC01081) on Mon Mar 30 2026 Downloaded on : Mon Mar 30 21:47:55 IST 2026 NEUTRAL CITATION R/CR.MA/6134/2026 ORDER DATED: 27/03/2026 undefined as well as considering the fact that the dispute has been amicably resolved between the parties, with the consent of the learned advocates appearing for the respective parties, the present application is taken up for final disposal.
6. RULE returnable forthwith. Learned APP Mr. Manan Maheta waives service of notice of rule for and on behalf of the respondent no.1 - State and learned advocate Mr. Dipak D. Prajapati waives service of notice of rule for and on behalf of the respondent no.2 - complainant.
7. Learned advocate for the applicant-accused has submitted that since the dispute has been amicably resolved between the parties, the application may be allowed and the impugned FIR, the chargesheet as well as the proceedings of the Special POCSO case may be quashed and set-aside.
8. The complainant, who is personally present in the Court, has categorically stated before this Court that he has no objection if the application is allowed and the FIR, the chargesheet as well as the proceedings of the Special POCSO Case are quashed and set-aside. The victim who was personally present before this Court on the previous occasion, has also categorically stated that she has no objection if the present application is allowed. 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 Page 3 of 7 Uploaded by AMAR SINGH(HC01081) on Mon Mar 30 2026 Downloaded on : Mon Mar 30 21:47:55 IST 2026 NEUTRAL CITATION R/CR.MA/6134/2026 ORDER DATED: 27/03/2026 undefined law.
9. The relevant paragraphs of the affidavit filed by the complainant, read thus :
"1. That I am the complainant of the Cr No. I-
11993010220018/2022 Dated: 13/01/2022, Registered With Rapar Police Station, Kutch offences punishable Under Section U/S, 363, 366, 376(2)(J)(N). 376(3) Of Indian Penal Code And U/S. 4. 6 And 18 Of Protection Of Children From Sexual Offences Act, 2012, against the accused person the present petitioner herein above.
2. That the Present petitioner has already served the copy of the petition in advance therefore I have gone through all the facts and circumstances of the present petition.
3. The complainant states that as per my knowledge now my daughter is married to the present petitioner and now she is happily residing together. At the time of the alleged incident, the my daughter aged was about 14 years and 3 months. As on date, my daughter is aged about 18 years and 5 months. Further I submit I do not have any objection if my daughter continues to reside with the present petitioner.
4. The complainant further respectfully submits that after the marriage she has been living a happy and peaceful matrimonial life with the petitioner at his native village and now i do not have any grievance whatsoever against the petitioner
5. That I am aware that the present petition has been filed by the accused for quashing the FIR. However, as there remains no dispute between myself and the petitioner, and as my daughter solemnized marriage with him, I hereby state that I am giving my free, voluntary, and unconditional consent, without any pressure, coercion, or compulsion from any person whatsoever, for quashing and setting aside the proceedings of Special POCSO Case No. 85 of 2022, pending before the Learned Additional District and Sessions Judge, Bhachau, Kutch, arising out of Charge Sheet No. 1-21 of 2022 dated 25.02.2022, filed in connection with FIR being C.R. No. 1-11993010220018 of 2022 dated 13.01.2022, registered with Rapar Police Station, Kutch, for the offences punishable under Sections 363, 366, 376(2)(J)(n), and 376(3) of the Indian Penal Code, and Sections 4, 6, and 18 of the Protection of Children from Sexual Offences Act, 2012, Page 4 of 7 Uploaded by AMAR SINGH(HC01081) on Mon Mar 30 2026 Downloaded on : Mon Mar 30 21:47:55 IST 2026 NEUTRAL CITATION R/CR.MA/6134/2026 ORDER DATED: 27/03/2026 undefined against the present petitioner.
10. The relevant paragraphs of the affidavit filed by the victim, read thus :
"3. That the victim girl respectfully submits that she is the daughter of the complainant and the legally wedded wife of the present petitioner. At the time of the alleged incident, the victim was aged about 14 years and 3 months. As on date, the victim is aged about 18 years and 5 months. The victim respectfully submits that she and the petitioner were in a consensual relationship, and due to their immaturity and lack of understanding of the consequences of their actions, they engaged in physical intimacy A copy of the Aadhaar Card and Birth certificate of the victim girl is annexed herewith and marked as Annexure R-1.
4. The victim further respectfully submits that after attaining the age of majority, she solemnized her marriage with the present petitioner on 13.10.2025 at Ahmedabad, in accordance with Hindu rites and customs. The said marriage was subsequently registered on 14.10.2025 before the Registrar of Marriage, Ward Sardar Patel Stadium, Ahmedabad, bearing Serial No. 0002771. The victim further submits that she is presently four months pregnant and is fully dependent upon the petitioner, particularly as her health condition requires proper care and support during pregnancy. A copy of the Marriage Certificate dated 14 10 2025 is annexed herewith and marked as Annexure R-2.
5. The victim further respectfully submits that after the marriage she has been living a happy and peaceful matrimonial life with the petitioner at his native village and she has no grievance whatsoever against the petitioner. However, since the petitioner is presently in judicial custody, the victim has no one to take proper care of her during her pregnancy.
6. The victim further respectfully submits that the complainant (father of the victim) as well as the mother of the victim have turned hostile during their depositions before the Learned Sessions Court in Special POCSO Case No. 85 of 2022, pending before the Learned Additional Sessions Judge, Bhachau, Kutch Copies of the said depositions are annexed with the petition and marked as Annexure G and Annexure H. Page 5 of 7 Uploaded by AMAR SINGH(HC01081) on Mon Mar 30 2026 Downloaded on : Mon Mar 30 21:47:55 IST 2026 NEUTRAL CITATION R/CR.MA/6134/2026 ORDER DATED: 27/03/2026 undefined
7. That I am aware that the present petition has been filed by the accused. However, as there remains no dispute between myself and the petitioner, and as I have solemnized marriage with him, I hereby state that I am giving my free, voluntary, and unconditional consent, without any pressure, coercion, or compulsion from any person whatsoever, for quashing and setting aside the proceedings of Special POCSO Case No. 85 of 2022, pending before the Learned Additional District and Sessions Judge, Bhachau, Kutch, arising out of Charge Sheet No. I-21 of 2022 dated 25.02.2022, filed in connection with FIR being C.R. No. 1-11993010220018 of 2022 dated 13.01.2022, registered with Rapar Police Station, Kutch, for the offences punishable under Sections 363, 366, 376(2)(1)(n), and 376(3) of the Indian Penal Code, and Sections 4, 6, and 18 of the Protection of Children from Sexual Offences Act, 2012, against the present petitioner."
11. Having heard learned advocates appearing for the respective parties as well as considering the facts and circumstances arising out of the present application and taking into consideration the decisions rendered in the cases of Gian Singh vs. State of Punjab & Another, reported in (2012) 10 SCC 303, Madan Mohan Abbot vs. State of Punjab, reported in (2008) 4 SCC 582, Nikhil Merchant vs. Central Bureau of Investigation & Another, reported in (2009) 1 GLH 31, Manoj Sharma vs. State & Others, reported in (2009) 1 GLH 190, and Narinder Singh & Others vs. State of Punjab & Another, reported in (2014) 2 Crime 67 (SC) as well as State of Haryana vs. Bhajanlal, reported in AIR 1992 SC 604, it appears that further continuation of the criminal proceedings in relation to the impugned FIR, the chargesheet and the Special POCSO Case against the applicant-accused would be nothing but unnecessary harassment to the applicant-accused. It further appears that the trial would be a futile exercise and continuing Page 6 of 7 Uploaded by AMAR SINGH(HC01081) on Mon Mar 30 2026 Downloaded on : Mon Mar 30 21:47:55 IST 2026 NEUTRAL CITATION R/CR.MA/6134/2026 ORDER DATED: 27/03/2026 undefined further with the proceedings pursuant to the impugned FIR, the chargesheet as well as the proceedings of the Special POCSO Case would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned FIR, the chargesheet as well as the proceedings of the Special POCSO Case, so also all other consequential proceedings arising pursuant thereto are required to be quashed and set-aside in exercise of the powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
12. In the result, the application is allowed. The First Information Report No. 11993010220018 of 2022 registered with the Rapar Police Station, District Kutch East Gandhidham, for the offences punishable under Sections 363, 366, 376(2)(j)
(n), 376(3) of the Indian Penal Code and under Sections 4, 6 and 18 of the Protection of Children from Sexual Offences Act, 2012, the chargesheet as well as the proceedings of the Special POCSO Case No. 85 of 2022 pending in the Court of the learned Additional District and Sessions Judge, Bhachau, District Kutch, so also all other consequential proceedings arising pursuant thereto are hereby ordered to be quashed and set-aside, qua the present applicant only.
13. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J) AMAR SINGH Page 7 of 7 Uploaded by AMAR SINGH(HC01081) on Mon Mar 30 2026 Downloaded on : Mon Mar 30 21:47:55 IST 2026