Gujarat HC quashes assault FIR after victim, husband files no objection affidavits

Gujarat High Court has quashed an alleged rape FIR and all consequential proceedings against an accused after the complainant (victim)—who is the accused's sister-in-law—and her husband submitted no-objection affidavits. In the affidavits, they stated that the matter had been amicably resolved and that there was implied consent at the time.

The victim, a 32-year-old woman (major at the time of the alleged incident), is the sister-in-law of the accused and are close relatives.

The complainant and her husband filed affidavits before the court stating that the matter had been resolved amicably through the intervention of family elders.

In her affidavit, the complainant stated that she and the accused "were known to each other very well" and that the FIR was lodged "out of desperation, anger, anxiety, tenseness, and nervousness".

She further affirmed that there were no remaining disputes or grievances, describing the issue as a misunderstanding between them, and expressed her unwillingness to proceed with the complaint.

The complainant's husband, in a separate affidavit, confirmed that the accused is his cousin brother and emphasised their close family ties. He noted that respected elders of the society had intervened, highlighting the severe social and mental hardships that continued criminal proceedings would cause to both sides.

He stated that pursuing the trial would immensely affect the future prospects and better life of both families, and both he and his wife had no objection to quashing the FIR and related proceedings.

After considering the affidavits and submissions, the Gujarat High Court observed that the continuation of the criminal proceedings would serve no useful purpose. The court held that it would amount to constitute a "futile exercise", ultimately amounting to an abuse of the process of law.

The FIR, registered at Kalawad Rural Police Station in Jamnagar district in 2025, was filed under Sections 64(1) and 115(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, which correspond to provisions related to rape and related offences under the new criminal laws.