Gujarat HC Quashes Kidnapping Case As Victim Turned Major Marries Accused

Quashing criminal proceedings where the probability of conviction is virtually non-existent prevents the judicial mechanism from being misused for oblique motives. The Gujarat High Court exercised its inherent powers to terminate a kidnapping and POCSO prosecution after observing that the alleged victim had attained majority at the time of the incident, voluntarily married the accused, and built a family with him.

In a single-judge bench, Justice P. M. Raval heard the application filed under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash an FIR registered for offences under Sections 363 and 366 of the Indian Penal Code, 1860 and Section 18 of the POCSO Act.

Court's Rationale and Reliance on Precedents

Addressing the lack of utility in continuing the prosecution, the High Court observed that the victim had voluntarily left her parental house, married the petitioner, and given birth to children from the wedlock. The prosecution itself conceded that the birth certificate established the victim was over 18 years of age on the date of the alleged offence.

Relying on established legal standards, the Court noted that permitting the trial to proceed under such circumstances would serve no purpose. The Court, in its reasoning, observed: "The legal position is well-settled that when a prosecution at the initial stage is asked to be quashed, the test to be applied by the court is as to whether the uncontroverted allegations as made prima facie establish the offence. It is also for the court to take into consideration any special features which appear in a particular case to consider whether it is expedient and in the interest of justice to permit a prosecution to continue. This is so on the basis that the court cannot be utilised for any oblique purpose and where in the opinion of the court chances of an ultimate conviction is bleak and, therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue, the court may while taking into consideration the special facts of a case also quash the proceeding even though it may be at a preliminary stage." The principle was applied in light of the judgment in Madhavrao Jiwaji Rao Scindia & Another etc. v. Sambhajirao Chandrojirao Angre & Others.

Background

The case originated from an FIR lodged on August 20, 2016, at Rajula Police Station, Amreli, by the father of the victim. The complainant alleged that on the night of May 13, 2016, his 17-year-old minor daughter had gone missing from their field and was allegedly kidnapped by the petitioner with an intention to marry her.

During the proceedings under Section 482 of the Code of Criminal Procedure, 1973, the advocate for the petitioner produced an affidavit from the victim stating that she had voluntarily left her parental house, was a major, and had married the petitioner. The victim's counsel confirmed the facts and raised no objection to quashing the FIR. The Additional Public Prosecutor confirmed via the birth certificate that the victim was born on April 4, 1998, rendering her over 18 years of age when the incident occurred on May 13, 2016. It was also placed on record that the marriage was registered at Chalala Nagarpalika on December 19, 2017. Finding that the chances of conviction were bleak, the High Court allowed the application and quashed the FIR along with all consequential proceedings.

Case Details:
Case No.: R/Criminal Misc. Application No. 24743 of 2017
Neutral Citation: 2026:GUJHC:54162
Case Title: Hitesh Babubhai Dhundharwa v. State of Gujarat & Ors.
Appearances:
For the Petitioner(s): Mr. Haresh N. Joshi
For the Respondent(s): Mr. Kalpesh N. Shastri (for Respondent No. 2), Mr. Yuvraj Brahmbhatt, APP (for Respondent No. 1)

Source: 2026 CaseBase(GUJ) 16087