SANDEEP N. BHATT, J.

1. Learned advocate Mr.O.I.Pathan states that he has instructions to appear for the victim in the matter. He is permitted to file his appearance. He has produced affidavit of the victim, which is ordered to be taken on record.

2. Rule. Learned advocates waive service of rule for respective respondents.

3. With the consent of learned advocates for the parties, present application is taken up for final disposal today. The victim girl is present before the Court along with her learned advocate.

4. By way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (for short, the ‘Code’), the applicant prays for quashing and setting aside the F.I.R. being C.R.No.I-37 of 2018 registered with Infocity Police Station, Gandinagar for the offence punishable under Sections 363 and 366 of Indian Penal Code and Sections 4 and 6 of the Prevention of Children from Sexual Offences Act.

5. Learned advocate for the applicant has taken this Court through the factual matrix arising out of the present application.

6. It is now stated at bar that the applicant and the victim have settled the dispute amicably and the victim has no grievance against the applicant. Not only that the victim and the applicant have married and out of said wedlock, they have one baby boy.

7. It is in light of this aspect, the applicant and the victim urged that impugned criminal proceedings being impugned FIR may be quashed.

8. Learned advocate appearing for the complainant objects for quashing of the impugned FIR.

9. However, learned advocate for the victim points out that since the victim has already married with the applicant, it will be more in her interest that the impugned criminal proceedings may be quashed, as otherwise, their marital life will be put into jeopardize and there is no one to take care of her as well as her child.

10. It is now settled that in serious offence as one u/s 376 of the IPC cannot be subject matter of quashment of the proceedings initiated u/s 482 of the Code of Criminal Procedure, 1973 on the ground of settlement between the accused and the victim. Suffice it to refer the various decisions rendered by the Hon’ble Apex Court on such aspect, more particularly, in cases of Anita Maria Dias Vs. State of Maharashtra reported in (2018) 3 SCC 290, Shimbu Vs. State of Haryana reported in (2014) 13 SCC 318 and Parbatbhai Ahir Vs. State of Gujarat reported in (2017) 9 SCC 641. However, this Court cannot overlook the fact that the applicant and the victim girl got married and out of said wedlock, they have a baby boy. Such situation is an exception to the approach to deal with the proceedings initiated u/s 482 of the Code of Criminal Procedure, 1973 on the basis of settlement between the victim and the accused and for the predominant purpose of the welfare of the victim to ensure her better future life, it is just and proper for this Court in exercise of extraordinary inherent powers u/s 482 of the Code of Criminal Procedure, 1973 could quash the impugned criminal proceedings on the ground of settlement between the parties in cases where the applicant and the victim have married and they insist for quashment of impugned criminal proceedings.

11. In view of the aforementioned aspect, more particularly, in light of the statements made by the victim who is personally present in the Court, supported by duly affirmed affidavit placed on record through their learned advocate, the certificate of registration of marriage and the aadhar card of the victim wherein the date of birth is mentioned as 1.2.1996, though the learned advocate for the complainant objects for the same, this Court is inclined to consider the plea for quashment of the impugned criminal proceedings, as otherwise, it will detrimentally affect the family life of the victim girl and even the balance and harmony that could be achieved by them in the resolution of disputes that again be irrecoverably lost.

12. Since now, the dispute with reference to the impugned F.I.R. is settled and resolved by and between the parties which is confirmed by the victim in person and through her learned advocate, the trial would be futile and any further continuation of proceedings would amount to abuse of process of law. Therefore, the impugned F.I.R. is required to be quashed and set aside in view of peculiar facts of the case.

13. In view of this position, this application is allowed. Impugned F.I.R. being C.R.No.I-37 of 2018 registered with Infocity Police Station, Gandinagar and all other proceedings, if any, are hereby quashed and set aside. Rule is made absolute to the aforesaid extent. Direct service is permitted.