Gujarat High Court
Mehul Kanubhai Vaghela vs State Of Gujarat on 21 July, 2025
NEUTRAL CITATION
R/CR.RA/295/2025 ORDER DATED: 21/07/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 295 of
2025
With
CRIMINAL MISC.APPLICATION (FOR STAY) NO. 1 of 2024
In R/CRIMINAL REVISION APPLICATION NO. 295 of 2025
==========================================================
MEHUL KANUBHAI VAGHELA
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR BHUNESH C RUPERA(3896) for the Applicant(s) No. 1
MR VISHAL N VALA(13227) for the Respondent(s) No. 2
MR HK PATEL APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 21/07/2025
ORAL ORDER
1. Rule. Learned A.P.P. Mr.H.K. Patel waives service of Rule for the respondent - State.
2. The learned advocate for the applicant submitted that on 03.07.2025, the learned advocate stated that his client is ready and willing to clear all the arrears and for that purpose, time was sought for, which was granted.
3. Today, it is submitted that demand draft of Rs.3,29,000/- has already been issued in the name of the Page 1 of 4 Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 21:19:43 IST 2025 NEUTRAL CITATION R/CR.RA/295/2025 ORDER DATED: 21/07/2025 undefined respondent no.2. The learned advocate for the respondent no.2 and the respondent - wife are also present before the Court. The xerox copy of the said demand draft is ordered to be taken on record.
4. The learned advocate for the applicant and learned advocate for the respondent - wife stated that they have agreed that the order dated 12.12.2022 passed by the learned Principal Judge, Family Court, Jamnagar in Criminal Misc. Application No.139 of 2022 be quashed and set aside and the matter be remanded back to decide the same afresh on merits.
5. Considering the fact that the learned advocates for the respective parties have jointly submitted that they have no objection if the order passed by the learned Family Court, Jamnagar is quashed and set aside and the matter is to be remanded back to the concerned Family Court to decide afresh, as the matter was proceeded before the learned Family Court, Jamnagar ex-parte, Page 2 of 4 Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 21:19:43 IST 2025 NEUTRAL CITATION R/CR.RA/295/2025 ORDER DATED: 21/07/2025 undefined without entering into the merits of the present case and with the consent of the learned advocates for the respective parties, the present revision application is allowed in terms of para 10(C). The judgment and order dated 12.12.2022 passed by the learned Principal Judge, Family Court, Jamnagar in Criminal Misc. Application No.139 of 2022 is hereby quashed and set aside.
6. The matter is remanded back to the concerned Family Court to decide Criminal Misc. Application No.139 of 2022 afresh by giving opportunity to all the concerned parties and allowing them to produce evidence. The learned trial Court shall decide the said application in accordance with law, without being influenced by the observations made by this Court in the present order.
7. Both the parties to co-operate with the concerned learned Family Court for expeditious disposal of the matter.
Page 3 of 4 Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 21:19:43 IST 2025
NEUTRAL CITATION R/CR.RA/295/2025 ORDER DATED: 21/07/2025 undefined
8. Rule is made absolute to the aforesaid extent. Direct service is permitted.
9. In view of disposal of the main revision application, the connected civil application does not survive and the same is also disposed of.
(L. S. PIRZADA, J) Hitesh Page 4 of 4 Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 21:19:43 IST 2025