Mandani Manajbhai Ambabhai v. State of Gujarat
In the High Court of Gujarat
R/Crl. Misc. App. 3324/2023
Before Justice Samir J. Dave
Decided on February 28, 2023

Relevancy of the case: Quashing of FIR in a case involving allegations of rape and non-consensual recording of the act

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66E)
• The Code of Criminal Procedure, 1973 (Section 482)
• The Indian Penal Code, 1860 (Section 376(2)(n), 450, 508)

Relevant Facts of the Case

• The applicant filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash FIR.
• The FIR charges the applicant with offences under Sections 376(2)(n), 450, and 508 of the Indian Penal Code, 1860 and Section 66E of the Information Technology Act, 2000.
• The parties resolved their dispute amicably during the pendency of the criminal proceedings, leading to the complainant filing an affidavit stating no objections to quashing the FIR.

Prominent Arguments by the Advocates

• The applicant’s counsel argued that:
  • The parties have settled their dispute amicably, and they have no objections to quashing the FIR.
  • They relied on precedents such as Gian Singh v. State of Punjab and Madan Mohan Abbot v. State of Punjab to support the quashing of the FIR. The counsel emphasised that continuing the proceedings would cause unnecessary harassment and abuse of the judicial process.
• The respondent’s counsel acknowledged the amicable settlement between the parties and did not oppose the application for quashing the FIR.

Opinion of the Bench

• The court considered the cited cases and amicable resolution between the parties.

Final Decision

• The court allowed the present application and ordered the applicant’s immediate release if he was in custody.