ORDER : 1. Rule, returnable forthwith. Ms. Dishaben B. Saliya, learned counsel waives service of notice of Rule on behalf of the respondent no.2 and Ms. Maithili D. Mehta, learned APP waives service of notice of Rule on behalf of the respondent no.1 – State. 2. Heard the learned counsels appearing for the respective parties. 3. By way of this Application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”), the applicant herein has prayed for the following reliefs : “(A) Your Lordships may be pleased to admit and allow this application; (B) Your Lordships may be pleased to quash and set aside the impugned FIR being I-C.R. No. 148 of 2019 registered with Shaher Kotda Police Station, Ahmedabad (City) for the offence punishable under section 363, 366, 376(3) of the Indian Penal Code and section 3, 4, 12, 11(6) of the POCSO Act, and charge-sheet being No. 125 of 2019 and Special POCSO Case No. 22 of 2019 registered and pending before the learned City Civil Court, Ahmedabad; (C) Pending admission, hearing and final disposal of the present petition, Your Lordships may be pleased to stay the further proceedings of Special POCSO Case No. 22 of 2019 pending before the learned City Civil Court, Ahmedabad; (D) Your Lordships may be pleased to grant such other and further relief/s that may be deemed fit and proper in the facts and circumstances of the case.” 4. Learned counsels appearing for the respective parties submitted that, during the pendency of the present application, the parties have arrived at an amicable settlement. The Affidavits filed by the complainant and victim are taken on record. 5. This Court on 22.08.2022, passed the following order, which reads thus : “1. Learned counsels appearing for the respective parties submitted that, during the pendency of the present application, the parties have arrived at an amicable settlement. The Affidavits filed by the complainant and victim are taken on record. 5. This Court on 22.08.2022, passed the following order, which reads thus : “1. By way of the present application, the applicant herein seeks to invoke the inherent jurisdiction vested with this Court under Section 482 of the Code of Criminal Procedure, 1973 for quashing and setting aside the FIR being I-C.R.No.148 of 2019 registered with Shaher Kotda Police Station, Ahmedabad (City), for the offence punishable under Sections 363, 366, 376(3) of the Indian Penal Code and Sections 3, 4, 12, 11(6) of the POCSO Act, which is registered on 24.07.2019 as well as charge-sheet being No.125 of 2019 as well as Special POCSO Case No.22 of 2019 pending before the Court of learned City Civil Judge, Ahmedabad, on the ground that compromise has been arrived at between the complainant, victim and the present applicant herein and the entire controversy as well as the dispute which is private in nature and settled and the complainant as well as the victim have no objection, if the FIR along with all consequential proceedings are quashed and set aside. 2. Mr. Vicky Mehta, the learned advocate appearing for the applicant submitted that the applicant - accused has married with the daughter of the complainant after attaining the age of majority and marriage was also registered on 31.01.2022. Copy of the Marriage Certificate is also produced with the Affidavit of the Complainant and Affidavit of the Victim and the same are taken on record. The applicant, victim and original complainant are present before this Court. 3. Ms. Disha Saliya, the learned advocate submitted that she has received instructions to appear on behalf of the original complainant and victim and seeks permission to file her Vakilatnama / appearance in the registry. Registry is directed to accept the same and show the name of Ms. Disha Saliya, the learned advocate appearing for the original complainant and victim. 4. Ms. Disha Saliya, the learned advocate appearing for the original complainant submitted that at the time of alleged offence, the victim girl is aged about 15 years and 3 months and now she attained the age of majority. 5. Disha Saliya, the learned advocate appearing for the original complainant and victim. 4. Ms. Disha Saliya, the learned advocate appearing for the original complainant submitted that at the time of alleged offence, the victim girl is aged about 15 years and 3 months and now she attained the age of majority. 5. It appears that after filing of the complaint on 27.04.2019, the victim has attained majority on 27.01.2022. The date of Birth of the victim as stated in the complaint / FIR is 27.01.2004, the victim attained the age of majority on 27.01.2022. It appears that the applicant herein (accused) and the victim have on attaining the age of majority entered into wedlock on 28.01.2022. 6. At this stage, it is apposite to refer the affidavit filed by the complainant i.e. Parmar Kapilaben Dahyabhai - original complainant i.e. mother of the victim, the said affidavit is duly sworn on 28.04.2022, which is taken on record. The said affidavit is reads thus :- AFFIDAVIT OF THE COMPLAINANT I, Parmar Kapilaben Dahyabhai, Adult, female, Residing at: 168, Memco, Saijpur Bogha, Ahmedabad-382345, the victim herein, do hereby, solemnly state on oath and affirm as under: 1. I say that I have registered an FIR being C.R. No. 1-148 of 2019 with Shaher Kotda Police Station, District Anmedabad (City) for the offences punishable under section 363, 366, 376(3) of the Indian Penal Code and Section 3, 4, 12, 11(6) of the POCSO Act against the applicant. 2. I say that my daughter was in relation with the present applicant namely Ravi Jayantibhai Vankar. The applicant’s family and our family belong to the same community and caste. The family members had gathered and talks of engagement between the applicant and my daughter were already going on and both of them were known to each other. We were also knowing that the applicant and my daughter were meeting each other. Further, it is social tradition in our caste that after engagement, the spouse remains at her parental home for merely 2-3 years and thereafter marriage take place and therefore, talks of engagement were going on and engagement was likely to be done. Lateron, my brother-in-law who was not happy with the engagement from beginning, had strong resisted for the engagement on account of which, the engagement did not take place. Lateron, my brother-in-law who was not happy with the engagement from beginning, had strong resisted for the engagement on account of which, the engagement did not take place. However, my daughter was desirous to marry the applicant out of her own wish, will and consent. Thus, on account of misunderstanding, FIR was filed by me. 3. I say that now my daughter attained majority (date of birth is 27.01.2004), marriage of the applicant is solemnized with my daughter on 28.01.2022 as per Hindu Rites and rituals and now my daughter and applicant had married each other and applicant is now her husband and they are residing happily. 4. I say that the applicant had never forced my daughter or threatened her to join him. It is on account of her love relationship with the applicant and on account of the fact, She had by her own will, wish and consent decided to go and join the applicant. In no manner, the present applicant had ever harassed my daughter in any manner. No act has been done without her consent. 5. I say that after attaining majority, my daughter had married with the applicant as per Hindu rites and rituals on 28.01.2022. 6. I say that thus, the applicant herein is now my daughter’s legally wedded husband and currently they are legally wedded husband and wife. They have just commenced their marriage life. 7. I say that my daughter was never kidnapped or no act subsequent thereto was done without her consent. Currently, She is legally wedded wife of the applicant and they both are living happily. I have no objection if the present FIR registered at Shaher Kotda Police Station, District Ahmedabad (City) being C.R. No. I-148 of 2019 for the offences punishable under section 363, 366, 376(3) of the Indian Penal Code and section 3, 4, 12, 11(6) of the POCSO Act registered on 27.04.2019 as well as chargesheet being No. 125 of 2019 as well as Special POCSO Case No. 22 of 2019 pending before the learned City Civil Court, Ahmedabad, along with all consequential proceedings are quashed and set aside and the applicant is set free. 8. I have filed this affidavit out of my own understanding and without any fear or threat or influence from any other person. 8. I have filed this affidavit out of my own understanding and without any fear or threat or influence from any other person. What is stated hereinabove is true to the best of my knowledge, information and belief, which I believe the same to be true and correct. Solemnly affirmed at Ahmedabad on this 28 day of 04, 2022." 7. The victim has also filed an affidavit of even date. The said affidavit filed by the victim reads thus :- AFFIDAVIT OF THE VICTIM I, Parmar Chandrikaben Dahyabhai Daughter of Dahyabhai Parmar and wife of Ravi Jayantibhai Vankar, Adult, female, Residing at: 168, Memco, Saijpur Bogha, Anmedabad-382345, the victim herein, do hereby, solemnly state on oath and affirm as under: 1. I say that my mother has registered an FIR being C.R. No. I-148 of 2019 with Shaher Kotda Police Station, District Ahmedabad (City) for the offences punishable under section 363, 366, 376(3) of the Indian Penal Code and Section 3, 4, 12, 11(6) of the POCSO Act against the applicant. 2. I say that I was in relation with the present applicant namely Ravi Jayantibhai Vankar. The applicant's family and my family belong to the same community and caste. The family members had gathered and talks of engagement between the applicant and me were already going on and both of us were known to each other. The family members were also knowing that the applicant and me were meeting each other. Further, it is social tradition in our caste that after engagement, the spouse remains at her parental home for merely 2-3 years and thereafter marriage take place and therefore, talks of engagement were going on and engagement was likely to be done. Lateron, my uncle who was not happy with the engagement from beginning, had strong resisted for the engagement on account of which, the engagement did not take place. However, I was desirous to marry the applicant out of my own wish, will and consent. Thus, on account of misunderstanding, FIR was filed by my mother. 3. I say that now I attained majority (my date of birth is 27.01.2004), marriage of the applicant is solemnized with me on 28.01.2022 as per Hindu Rites and rituals and now me and applicant had married each other and applicant is now my husband and we are residing happily. 4. 3. I say that now I attained majority (my date of birth is 27.01.2004), marriage of the applicant is solemnized with me on 28.01.2022 as per Hindu Rites and rituals and now me and applicant had married each other and applicant is now my husband and we are residing happily. 4. I say that the applicant had never forced me or threatened me to join him. It is on account of my love relationship with the applicant and on account of the fact, I had by my own will, wish and consent decided to go and join the applicant. In no manner, the present applicant had ever harassed me in any manner. No act has been done without my consent. 5. I say that after attaining majority, I had married with the applicant as per Hindu rites and rituals on 28.01.2022. 6. I say that thus, the applicant herein is now my legally wedded husband and currently we are legally wedded husband and wife. We have just commenced our marriage life. 7. I say that I was never kidnapped or no act subsequent thereto was done without my consent. Currently, I am legally wedded wife of the applicant and we both are living happily. I have no objection if the present FIR registered at Shaher Kotda Police Station, District Anmedabad (City) being C.R. No. I-148 of 2019 for the offences punishable under section 363, 366, 376(3) of the Indian Penal Code and section 3, 4, 12, 11(6) of the POCSO Act registered on 27.04.2019 as well as chargesheet being No. 125 of 2019 as well as Special POCSO Case No. 22 of 2019 pending before the learned City Civil Court, Ahmedabad, along with all consequential proceedings are quashed and set aside and the applicant who is my husband is set free. 8. I have filed this affidavit out of my own understanding and without any fear or threat or influence from any other person. What is stated hereinabove is true to the best of my knowledge, information and belief, which I believe the same to be true and correct. Solemnly affirmed at Ahmedabad on this 28 day of 04, 2022." 8. The Certificate of Registration of Marriage dated 28.01.2022 is placed on record which is duly produced on record at page 7. 9. The original complainant, victim and applicant herein - accused are present before this Court. Solemnly affirmed at Ahmedabad on this 28 day of 04, 2022." 8. The Certificate of Registration of Marriage dated 28.01.2022 is placed on record which is duly produced on record at page 7. 9. The original complainant, victim and applicant herein - accused are present before this Court. The age of the applicant - accused as stated by the applicant - accused is 25 years. On inquiry made by this Court, the original complainant and victim have declared before this Court that the complainant and victim have no objection, if the FIR along with all consequential proceedings are quashed and set aside and they have stated that so voluntarily without any force or coercion. 10. Ms. Maithili D. Mehta, the learned Additional Public Prosecutor appearing for the respondent - State may verify with regard to the authentication of the Marriage Certificate with the said authorities. 11. Presence of applicant-accused, complainant and victim are dispense with. 12. Post the matter for further hearing on 26.08.2022.” 6. Ms. Mehta, learned APP submits that, she has no objection, if the impugned F.I.R., is quashed, in view of the settlement arrived at between the parties. 7. Both the learned counsels would submit that during the pendency of present application, the matter is amicably settled between the parties, and therefore, any further continuation of the proceedings pursuant to the impugned F.I.R. would create hardship to the parties and further continuation of the proceedings would amount to abuse of process of law. 8. In the facts and circumstances of the present case and considering the fact that, the parties have arrived at amicable settlement, the complainant and victim having remained present before this Court and stating that there is a settlement arrived at between the parties, affidavits duly produced on record by the complainant and victim, this Court is inclined to quash the complaint / F.I.R. qua the present applicant. 9. Having heard the learned counsels appearing for the respective parties and considering the facts of settlement and law laid down by the Apex Court [Gian Singh Vs. State of Punjab & Anr., 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 & Anr., reported in 2009 (1) GLH 31 , Manoj Sharma Vs. State of Punjab & Anr., 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 & Anr., reported in 2009 (1) GLH 31 , Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC)] this Court is of the considered view that further continuation of the criminal proceedings in relation to the impugned F.I.R. would nothing but unnecessary harassment to the parties and trial thereon would be futile and further continuation of the proceedings would amount to abuse of process of law. Thus, to secure the ends of justice, the impugned F.I.R. is required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code. 10. Resultantly, this Application is allowed and the impugned F.I.R. being I-C.R. No. 148 of 2019 registered with Shaher Kotda Police Station, Ahmedabad (City) filed against present applicant is hereby quashed and set aside and all other proceedings arising out of the aforesaid F.I.R. including charge-sheet and Criminal Case, if filed, stands terminated qua the present applicant. The Application stands allowed in terms of the settlement. The impugned F.I.R. is quashed on the basis of consensus arrived at between both the parties. It is clarified that the Court has not gone into merits of the matter. Rule is made absolute to the aforesaid extent. Direct service is permitted.