RAVI SURESHBHAI PRAJAPATI vs STATE OF GUJARAT

Court
Gujarat High Court

R/CR.MA/17558/2026 (GJHC240537742026) JUDGMENT DATED:
01/09/2026
0IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO.
17558 of 2026
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
==========================================================
Approved for Reporting Yes No
yes
==========================================================
RAVI SURESHBHAI PRAJAPATI
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR SS SAIYED(3690) for the Applicant(s) No. 1
MS MONALI BHATT, ADDL.PUBLIC PROSECUTOR for the Respondent(s)
No. 1
LD.SR.ADV MR AMIT P. PATEL WITH MR S.D.BROACHA for the
Respondent No.2
==========================================================
CORAM: HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 01/09/2026
JUDGMENT
1. By way of filing the present application under Section
528 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
the applicant-accused has prayed to quash and set
aside the FIR being C.R. No. 11191020250468 of
2025 registered with Vastrapur Police Station,
Ahmedabad for the offences punishable under
Sections 77 of the Bharatiya Nyaya Sanhita, Sections
11, 12 and 18 of the POCSO Act, 2012, Section 3(2)
(5-A) of the Atrocity Act and Section 67 (A) of the
I.T.Act as well as all consequential proceedings
arising therefrom qua the applicants herein.
2. At the outset, it is submitted by the learned
advocates appearing for the respective parties that
Page 1 of 11
Uploaded by M.M.MIRZA(HC01407) on Wed Sep 02 2026 Downloaded on : Wed Sep 02 23:50:24 IST 2026

R/CR.MA/17558/2026 (GJHC240537742026) JUDGMENT DATED:
01/09/2026
the dispute between the complainant and the
applicant has been resolved. It is further submitted
that the complainant has filed an affidavit stating
that she does not wish to pursue the impugned
proceedings and has given her consent for quashing
of the impugned FIR.
3. This Court has perused the affidavits filed by the
complainant as well as the father of the victim,
wherein they have stated that they have no objection
if the impugned FIR is quashed. However, as the
matter pertains to offences under the POCSO Act, the
Information Technology Act and Section 77 of the
BNS, instead of quashing the FIR on the ground of
settlement, this Court deems it appropriate to
examine the matter on its merits.
4. The affidavit filed by respondent No.2-original
complainant reads thus:
“I, XXX XXX XXX, the respondent no.2 (Original
Complainant) in the petition herein state and declare on
oath and solemnly affirm as under:-
1. I respectfully submit that I am the original
complainant in the offence registered as CR. No.
11191020250468 of 2025 registered with Vastrapur
Police Station, Dist.: Ahmedabad City, offences
punishable U/s. 77 of the BNS and U/s. 11, 12 and 18
of the POCSO Act., 2012 and U/s. 3(2)(5-A) of the
Atrocity Act. and U/s. 67(A) of the I. T. Act., registered
on dated 01/10/2025. I say and submit that I have
Page 2 of 11
Uploaded by M.M.MIRZA(HC01407) on Wed Sep 02 2026 Downloaded on : Wed Sep 02 23:50:24 IST 2026

R/CR.MA/17558/2026 (GJHC240537742026) JUDGMENT DATED:
01/09/2026
amicably settled the matter by way of compromise with
present petitioner/accused and hereby undertakes to
withdraw all the litigations with respect to CR. No.
11191020250468 of 2025 registered with Vastrapur
Police Station, Dist.: Ahmedabad City against the
petitioner.
2. That the dispute between the parties is resolved and
there is no surviving grievance. The settlement arrived
between us would be binding to me/my legal
representative with respect to this offence i.e. CR. No.
11191020250468 of 2025 registered with Vastrapur
Police Station, Dist.: Ahmedabad City for all time to
come in future. I have settled this matter without any
coercion or force from the petitioner/accused person.
3. I respectfully say and submit that I am withdrawing
all litigations with respect to this offence i.e. CR. No.
11191020250468 of 2025 and I submit that I have no
objection if the said FIR and Special POCSO Case No.
109 of 2025 pending before the Ld. Special Judge
(POSCO) and 3rd Additional District Judge, Ahmedabad
(Rural), Navrangpura, Ahmedabad as well as other
Criminal Proceedings pursuant to the said FIR are
quashed by this Hon'ble Court by way of allowing the
present petition.
4. I respectfully submit that the affidavit tendered by
me need to be considered at the time of deciding the
application.
5. The contents of para nos. 1 to 4 of this affidavit are
read over to me and explained to me in Gujarati and
the same are true and correct to the best of my
knowledge and belief.”
5. The affidavit filed by the father of the victim and
husband of the original complainant reads thus:
“I, XXX XXX XXX, the husband of the respondent no.2
(Father of Victim) in the petition herein state and
Page 3 of 11
Uploaded by M.M.MIRZA(HC01407) on Wed Sep 02 2026 Downloaded on : Wed Sep 02 23:50:24 IST 2026

R/CR.MA/17558/2026 (GJHC240537742026) JUDGMENT DATED:
01/09/2026
declare on oath and solemnly affirm as under:-
1. I respectfully submit that I am the husband of
original complainant and father of the victim girl in the
offence registered as CR. No. 11191020250468 of 2025
registered with Vastrapur Police Station, Dist.:
Ahmedabad City, offences punishable U/s. 77 of the
BNS and U/s. 11, 12 and 18 of the POCSO Act., 2012
and U/s. 3(2)(5-A) of the Atrocity Act. and U/s. 67(A) of
the I. T. Act., registered on dated 01/10/2025. I say
and submit that I have amicably settled the matter by
way of compromise with present petitioner/accused and
hereby undertakes to withdraw all the litigations with
respect to CR. No. 11191020250468 of 2025 registered
with Vastrapur Police Station, Dist.: Ahmedabad City
against the petitioner.
2. That the dispute between the parties is resolved and
there is no surviving grievance. The settlement arrived
between us would be binding to me/my legal
representative with respect to this offence i.e. CR. No.
11191020250468 of 2025 registered with Vastrapur
Police Station, Dist.: Ahmedabad City for all time to
come in future. I have settled this matter without any
coercion ог force from the petitioner/accused person.
3. That I am withdrawing all litigations with respect to
this offence i.e. CR. No. 11191020250468 of 2025 and I
submit that I have no objection if the said FIR and
Special POCSO Case No. 109 of 2025 pending before
the Ld. Special Judge (POSCO) and 3rd Additional
District Judge, Ahmedabad (Rural), Navrangpura,
Ahmedabad as well as other Criminal Proceedings
pursuant to the said FIR are quashed by this Hon'ble
Court by way of allowing the present petition.
4. I respectfully submit that the affidavit tendered by
me need to be considered at the time of deciding the
application.
5. The contents of para nos. 1 to 4 of this affidavit are
Page 4 of 11
Uploaded by M.M.MIRZA(HC01407) on Wed Sep 02 2026 Downloaded on : Wed Sep 02 23:50:24 IST 2026

R/CR.MA/17558/2026 (GJHC240537742026) JUDGMENT DATED:
01/09/2026
read over to me and explained to me in Gujarati and
the same are true and correct to the best of my
knowledge and belief.”
6. As per the FIR lodged before Vastrapur Police Station,
Ahmedabad City, by the mother of the victim, it is
alleged that she, along with her husband and
daughter aged 14 years, had visited Palladium Mall,
where they went to the Max showroom. The victim
selected some clothes and went to the changing
room. After changing her clothes, she noticed a
mobile phone lying on the floor of the changing
room, on which video recording was found to be
switched on. She picked up the mobile phone and
informed her mother, who is the complainant, about
the same. In turn, both of them informed the father
of the victim. Thereafter, the father called the floor
manager and informed him about the mobile phone.
The present applicant, approached the father and
demanded the mobile phone, stating that it had
fallen while he was changing clothes in the adjoining
room. The father inquired as to why the video
recording was switched on, however, no satisfactory
explanation was given. Therefore, the police were
called and, ultimately, the FIR came to be lodged.
The investigation culminated in the filing of the
charge-sheet, and the matter is presently pending
adjudication before the concerned Special Court. The
allegations made in the FIR are undoubtedly serious
Page 5 of 11
Uploaded by M.M.MIRZA(HC01407) on Wed Sep 02 2026 Downloaded on : Wed Sep 02 23:50:24 IST 2026

R/CR.MA/17558/2026 (GJHC240537742026) JUDGMENT DATED:
01/09/2026
in nature and disclose an act compromising the
dignity and privacy of a minor child. The allegations
further disclose a potent indication of the sinister
undercurrent behind the use of the mobile phone,
particularly in the context of the video recording of
the minor girl while she was changing her clothes in
the privacy of the changing room.
7. This Court has interacted with the parents of the
complainant and inquired with regard to their
consent for quashing of the FIR. In response, it was
informed that, at the relevant point of time, the
th
daughter was studying in the 10 Standard and is
th
presently studying in the 11 Standard. It was further
informed that the pendency of the criminal
proceedings has adversely affected the education of
the victim. She was a meritorious student, however,
owing to the present incident, her performance and
th
result in the 10 Standard were adversely affected. It
was further informed that the incident had a serious
impact on the mental well-being of the school-going
minor and that the continuation of the criminal
proceedings has caused her considerable emotional
burden. It is submitted that, keeping in view her
future prospects, including her further education and
eventual marriage, the complainant has decided to
move forward and put this chapter behind her.
Page 6 of 11
Uploaded by M.M.MIRZA(HC01407) on Wed Sep 02 2026 Downloaded on : Wed Sep 02 23:50:24 IST 2026

R/CR.MA/17558/2026 (GJHC240537742026) JUDGMENT DATED:
01/09/2026
8. This Court has perused the material collected during
the course of investigation, which includes the
statement of the victim recorded under Section 183
of the BNSS, the CCTV footage, and the FSL report
pertaining to the mobile phone, from which the video
in question was retrieved. This Court was not inclined
to quash the impugned FIR in a perfunctory manner.
However, keeping in view the settled legal position
recognizing the victim's right to privacy, dignity and
closure, and while exercising the inherent powers
under Section 528 of the BNSS in proceedings
involving non-compoundable and serious offences,
this Court deemed it appropriate to call upon the
applicant to furnish an undertaking. The applicant
has accordingly furnished the following undertaking:
“I, XXX XXX XXX, present petitioner in the petition
herein, do hereby undertake on oath and solemnly
affirm as under:-
1. I respectfully submit that I had filed above mention
petition being Criminal Misc. Application No. 17558 of
2026 for quashing of impugned FIR and criminal
proceedings being Special POCSO Case No. 109 of 2025
pending before the Ld. Special Judge (POSCO) and 3rd
Additional District Judge, Ahmedabad (Rural),
Navrangpura, Ahmedabad as well as other consequential
proceedings pursuant to the said FIR, registered as CR.
No. 11191020250468 of 2025, registered with Vastrapur
Police Station, Dist.: Ahmedabad City for the offences
punishable U/s. 77 of the BNS and U/s. 11, 12 and 18
of the POCSO Act., 2012 and U/s. 3(2)(5-A) of the
Atrocity Act. and U/s. 67(A) of the I. T. Act. on dated
Page 7 of 11
Uploaded by M.M.MIRZA(HC01407) on Wed Sep 02 2026 Downloaded on : Wed Sep 02 23:50:24 IST 2026

R/CR.MA/17558/2026 (GJHC240537742026) JUDGMENT DATED:
01/09/2026
01/10/2025.
2. I say and submit that I am unmarried person having
degree of Diploma Engineering in Automobile and doing
service as a Technician in Skoda Automobile Company
at Naroda.
3. I undertake that, I have no criminal antecedent in
the past, and, in future also I would nowhere directly
or indirectly indulge/involve myself in any such kind of
criminal activity or offence.
4. I further undertake to this Hon'ble Court that I am
ready and willing to abide all the terms and conditions
which may be imposed by this Hon'ble Court, while
allowing the present petition by way of quashing the
impugned FIR being CR. No. 11191020250468 of 2025
and criminal proceedings being Special POCSO Case No.
109 of 2025 pending before the Ld. Special Judge
(POSCO) and 3rd Additional District Judge, Ahmedabad
(Rural), Navrangpura, Ahmedabad as well as other
consequential proceedings pursuant to the said FIR.
5. What is stated above is true to the best of my
knowledge, information and belief and I believe the
same to be true and correct.
6. The contents of para nos. 1 and 5 of this affidavit
are read over to me and explained to me in Gujarati
and the same are true and correct to the best of my
knowledge and belief.”
9. In addition to direction to be bound by the above
undertaking, this Court is of the opinion that it would
be appropriate to direct the applicant to undertake
community service as a measure of accountability
and reflection. Accordingly, the applicant is directed
to perform community service for a period of one
month at the Civil Hospital, Asarwa, Ahmedabad,
Page 8 of 11
Uploaded by M.M.MIRZA(HC01407) on Wed Sep 02 2026 Downloaded on : Wed Sep 02 23:50:24 IST 2026

R/CR.MA/17558/2026 (GJHC240537742026) JUDGMENT DATED:
01/09/2026
from 10.09.2026 to 09.10.2026.
10. The applicant shall report to the Medical
Superintendent, Civil Hospital, Asarwa, Ahmedabad,
who shall assign appropriate duties to the applicant.
On completion of the aforesaid period, the Medical
Superintendent shall issue a certificate confirming
satisfactory completion of the community service and
shall also forward the same to the Registrar (General)
of this Court. In the event of any absence, default or
misconduct on the part of the applicant during the
course of the community service, the same shall be
immediately reported to this Court for appropriate
orders, including revival of the FIR. The Medical
Superintendent, Civil Hospital, Asarwa, Ahmedabad,
shall, while submitting the certificate/report
regarding completion of the community service by
the applicant, specifically mention the nature and
details of the community services performed by the
applicant, the dates on which such services were
performed, the duration/hours for which the applicant
rendered such services, the duties assigned to him
and the manner in which the same were discharged.
The report shall also specifically state whether the
applicant remained present regularly and performed
the assigned duties satisfactorily throughout the
period of community service. The said report, along
with the certificate of satisfactory completion, shall
Page 9 of 11
Uploaded by M.M.MIRZA(HC01407) on Wed Sep 02 2026 Downloaded on : Wed Sep 02 23:50:24 IST 2026

R/CR.MA/17558/2026 (GJHC240537742026) JUDGMENT DATED:
01/09/2026
be forwarded to the Registrar of this Court for being
placed on record.
11. Additionally, the applicant shall deposit an amount
of Rs.50,000/- with the Registry of this Court, which
shall be transferred to Shishu Gruh, Paldi,
Ahmedabad, within a period of 10 days from today.
The applicant shall also remain bound by the
undertaking furnished before this Court. In the event
of any breach or default of the undertaking, the
complainant shall be at liberty to seek revival of the
FIR and pursue such remedies as may be available
under law. The Shishu Gruh, Paldi, Ahmedabad, shall
utilise the amount of Rs.50,000/- exclusively for the
welfare, care, education and other legitimate needs
of the children residing therein. The concerned
authority of Shishu Gruh shall maintain proper
accounts and records with regard to the utilisation of
the said amount and shall submit a statement of
accounts, along with supporting details, to the
Registry of this Court within a period of four weeks
from the date of receipt of the said amount.
12. The learned Trial Court shall not hand over the
mobile phone to the present applicant.
13. In view of the aforesaid exceptional circumstances
and subject to strict compliance with the directions
issued herein-above, this Court is of the opinion that
Page 10 of 11
Uploaded by M.M.MIRZA(HC01407) on Wed Sep 02 2026 Downloaded on : Wed Sep 02 23:50:24 IST 2026

R/CR.MA/17558/2026 (GJHC240537742026) JUDGMENT DATED:
01/09/2026
continuation of the impugned criminal proceedings
would serve no useful purpose and would amount to
an abuse of the process of law and deserves to be
quashed and set aside.
14. Resultantly, present application is allowed. The
impugned FIR being C.R. No. 11191020250468 of
2025 registered with Vastrapur Police Station,
Ahmedabad and all consequential proceedings
arising therefrom are quashed and set aside qua the
present applicant.
15. Registry shall accept the vakalatnama filed by the
learned advocate Mr. S.D.Broacha for the respondent
No.2.
16. Direct Service is permitted.
(M. K. THAKKER,J)
M.M.MIRZA
Page 11 of 11
Uploaded by M.M.MIRZA(HC01407) on Wed Sep 02 2026 Downloaded on : Wed Sep 02 23:50:24 IST 2026