Court holds victim voluntarily left home due to love affair and parental pressure, no offence under IPC Sections 363, 366 or POCSO Act Section 18 made out
In a significant judgment delivered on October 7, 2026, the Gujarat High Court, presided over by Justice P. M. Raval, quashed an FIR registered against Paragji Bharatji Detroja under Sections 363 and 366 of the Indian Penal Code (IPC) and Section 18 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The FIR had alleged kidnapping and abduction of a minor girl, the daughter of the original complainant.
The case arose from an incident dated June 22, 2017, when the complainant's daughter, Mittal, aged 17 years and 10 months, did not return home from college. Alongside, her academic certificates were reported missing. The complainant suspected the petitioner, Paragji Bharatji Detroja, leading to the registration of the FIR at Vidyanagar Police Station, Anand.
During the proceedings, the petitioner's counsel argued that the FIR was false and the allegations baseless. It was submitted that Mittal and the petitioner were in a consensual love relationship. Mittal voluntarily left her parental home due to pressure from her father to marry an unknown third person, which she opposed. She had temporarily stayed at a friend's house and subsequently married the petitioner after attaining the legal age of marriage on September 6, 2017.
The victim herself executed an affidavit supporting the petitioner's version, affirming that there was no threat, coercion, or inducement by the petitioner and that her departure was voluntary. The court noted that the victim was not a minor at the time of marriage and that the circumstances reflected adolescent love rather than any criminal act.
The Additional Public Prosecutor contended that prima facie case was made out under the relevant penal provisions and POCSO Act, but the court relied on the Supreme Court precedent in S. Varadarajan v. State of Madras (AIR 1965 SC 942), which held that mere voluntary departure of a minor girl without coercion does not constitute kidnapping or abduction.
After a thorough review, the court concluded that no offence under Sections 363, 366 IPC or Section 18 of the POCSO Act was established. Consequently, the court allowed the petition and quashed the FIR and all consequential proceedings against the petitioner.
This judgment underscores the importance of considering the victim's consent and circumstances in cases involving alleged kidnapping or abduction, especially where the victim is on the verge of attaining majority and voluntarily leaves parental home.
Bottom Line:
Kidnapping and abduction - Where victim aged about 17 years and 10 months voluntarily left parental home due to love affair with accused and pressure from father to marry another person, and later married accused after attaining marriageable age, offences under Sections 363, 366 IPC and Section 18 of POCSO Act are not made out - FIR quashed.
Statutory provision(s):
Indian Penal Code Sections 363, 366; Protection of Children from Sexual Offences Act, 2012 Section 18
Paragji Bharatji Detroja v. State of Gujarat, (Gujarat) : Law Finder Doc Id # 2992709
