HASMUKHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition under Sec. 482 of the Code of Criminal Procedure, 1973 (for short "CrPC"), the petitioner has sought quashing of the impugned FIR being CR No.11196038230136 of 2023 registered with Varasiya Police Station, Vadodara City for the offences punishable under Ss. 376(A)(B) and 376(F) of the Indian Penal Code, 1860 (for short "IPC") and Sec. 4, 6 and 10 of the Protection of Children from Sexual Offences Act (for short "POCSO Act") as well as consequential proceedings being POCSO Case No.41 of 2023 pending in the Special POCSO Court, at Vadodara.

(2.) Heard learned advocate for the petitioner and learned APP for respondent No.1 - State of Gujarat.

(3.) Learned advocate for the petitioner has submitted that settlement has taken place between the parties and now, no purpose would be served in continuing with such proceedings and hence, has sought quashing of the proceedings on the ground of settlement. Herein, the victim is minor aged 4 years and 8 months and to continue with the impugned proceedings even after settlement would be a futile exercise. He has further submitted that the petitioner, who is grandfather of the minor victim, is behind the bars. In view of the above, he has requested to allow the present petition and quash and set aside the impugned proceedings.