PRITESH VINODBHAI CHAUDHARY vs STATE OF GUJARAT

R/SCR.A/14505/2026 JUDGMENT DATED: 26/10/2026
(GJHC240756772026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
14505 of 2026

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

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Approved for Reporting Yes No
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PRITESH VINODBHAI CHAUDHARY
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. ANANTANAND J SINGH(10046) for the Applicant(s) No. 1
MS SM AHUJA(118) for the Applicant(s) No. 1
MR KANVA ANTANI, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 26/10/2026

JUDGMENT
1. By way of preferring the captioned petition, the petitioner has
prayed for the following prayers, as set out in para 5 hereinbelow:-
“A That this Hon'ble Court may be pleased to admit and allow this
application and be pleased to issue a writ of mandamus or certiorari or any
other writ, order or direction and be pleased to quash the impugned FIR
registered at Khokhra Police Station, Ahmedabad on dtd. 19/07/2026
being C.R. No. 11191003260438/2026 alongwith further Criminal
proceedings being POCSO Case No. PCSO/164/2026 pending against the
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R/SCR.A/14505/2026 JUDGMENT DATED: 26/10/2026
(GJHC240756772026)
applicant in the court of Special POCSO Court, 16th Judge, City Civil
Court, Ahmedabad, for the offences punishable Under Section. 75(2),
115(2), 351(3) of the B.N.S. and Sec. 7, 8, 9(L), 9(N), 10, 18 of POCSO
Act (Protection of Children against Sexual offences Act), in the interest of
justice.
B During the pendency of the present application, Your Lordships be
pleased to stay the further proceedings of POCSO Case No.
PCSO/164/2026 pending against the applicant in the court of Special
Judge, POCSO Court, 16th Judge, City Civil Court, Ahmedabad, in the
interest of justice.
C That this Hon'ble Court be pleased to grant an ex-parte ad interim relief
in terms of para 5 (B).
D Any other and further relief as may deem fit in the interest of justice
may kindly be granted.”
2. It emerges from the record that the FIR being CR No.
11191003260438/2026 came to be registered at Khokhra Police Station,
Ahmedabad for the offences punishable under Sections 75(2), 115(2)
and 351(3) of the BNS and Sections 7, 8, 9(L), (10) and 18 of POCSO
Act, as the case may be, as well as all consequential proceedings
arising therefrom qua the present petitioner herein.
3. It also emerges from the record that the charge sheet has already
been filed. During the pendency of the matter, the parties have settled
the matter amicably and the affidavit of the original complainant has
already been filed on record. In the said affidavit, the original
complainant has deposed in para nos.2 and 3 as under:-
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R/SCR.A/14505/2026 JUDGMENT DATED: 26/10/2026
(GJHC240756772026)
“2. I respectfully submits that the applicant is my real son and he is
suffering from mental disease namely bipolar mood disorder since last 4
years and he has been taken treatment at L.G. Hospital, Ahmedabad the
applicant is aged about 25 years, and suffering from depression and
anxiety. That the victim is also my real daughter and she has not supported
the case of the prosecution before the Executive Magistrate in her
statement recorded under Sec. 183 of BNSS. Therefore, I have given my
consent to quash the impugned FIR and further criminal proceedings in the
interest of justice.
3. I respectfully say and submit that I do not want to pursue the FIR with
respect to the offence bearing FIR registered at Khokhra Police Station,
Ahmedabad on dtd. 19/07/2026 being C.R. No. 11191003260438/2026 for
the offences punishable Under Sec. 75(2), 115(2), 351(3) of the B.N.S. and
Sec. 7, 8, 9(L), 9(N), 10, 18 of POCSO Act (Protection of Children against
Sexual offences Act) alongwith POCSO Case No. PCSO/164/2026
pending in the Special POCSO Court, 16th Judge, City Civil Court,
Ahmedabad filed against the present applicant in connection of quashing
petition before this Hon’ble Court.”
4. Heard learned counsels for the parties.
5. Learned APP has drawn the attention of this Court to the
statement of the victim recorded under Section 164 of the Cr.P.C. Upon
perusal of the said statement, it appears that nothing has happened
with the victim, more particularly the victim has filed the affidavit on
record, thereby stating that the matter has been settled amicably
between the parties. He further submitted that the record indicates that
the victim is not willing to proceed with the matter.
6. Having heard the learned advocates appearing for the respective
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R/SCR.A/14505/2026 JUDGMENT DATED: 26/10/2026
(GJHC240756772026)
parties and considering the facts and circumstances of the case,
settlement affidavit as also taking into consideration the decisions
rendered in Gian Singh Vs. State of Punjab & Anr., (2012) 10 SCC
303; Madan Mohan Abbot Vs. State of Punjab, (2008) 4 SCC 582;
Nikhil Merchant Vs. CBI & Anr., 2009 (1) GLH 31; Manoj Sharma Vs.
State & Ors., 2009 (1) GLH 190; Narinder Singh & Ors. Vs. State of
Punjab & Anr., (2014) 6 SCC 466; and State of Haryana Vs. Bhajan
Lal, AIR 1992 SC 604 , this Court is of the opinion that continuation of
the criminal proceedings pursuant to the impugned FIR would amount
to abuse of the process of law and that no fruitful purpose would be
served by permitting the prosecution to continue. Hence, in order to
secure the ends of justice, the impugned FIR and all consequential
proceedings deserve to be quashed and set aside.
7. In the result, the present application is allowed. The FIR being CR
No.11191003260438/2026 registered with Khokhra Police Station,
District Ahmedabad, as well as all consequential proceedings arising
therefrom, are hereby quashed and set aside qua the present petitioner.
(MOOL CHAND TYAGI, J)
Harshit
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