Gujarat High Court
Anooj Balkrishna Agarwal vs State Of Gujarat on 10 July, 2025
NEUTRAL CITATION
R/CR.RA/1155/2024 ORDER DATED: 10/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (FOR DOMESTIC VIOLENCE) NO.
1155 of 2024
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ANOOJ BALKRISHNA AGARWAL
Versus
STATE OF GUJARAT & ORS.
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Appearance:
PARTY IN PERSON(5000) for the Applicant(s) No. 1
MR ANUJ K TRIVEDI(6251) for the Respondent(s) No. 4
MR HK PATEL APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 10/07/2025
ORAL ORDER
1. The present revision application has been preferred by the applicant - original accused under Section 397 read with Section 401 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short, the "BNSS").
2. Issue Rule returnable forthwith. The learned A.P.P. waives service of Rule for the respondent - State.
3. The applicant has appeared virtually as party-in-person from the Sabarmati Central Jail. He has requested that the said revision application has been filed seeking direction against the order passed by learned JMFC, Ahmedabad Rural in Criminal Misc. Application No. 1265/2025 where for the arrears of Rs. 8,00,000/- for the period of maintenance from 12.07.2022 to 12.06.2023 , the Page 1 of 3 Uploaded by Radhika Srinivasan(HCD0042) on Thu Jul 10 2025 Downloaded on : Thu Jul 10 22:19:30 IST 2025 NEUTRAL CITATION R/CR.RA/1155/2024 ORDER DATED: 10/07/2025 undefined application has been given against that the learned trial Court has passed order for 20 days simple imprisonment for every month and sentenced for simple imprisonment for 220 days by order dated 13.06.2024. He further submitted that he has already paid Rs.10,00,000/- to the wife. So the amount of Rs. 8,25,000/- from the amount of Rs. 10,00,000/- is to be adjusted and accordingly the present application may be disposed of.
4. Learned advocate Mr. Anuj Trivedi appearing for the respondent-wife submitted that necessary order may be passed to set off Rs.8,25,000/- from the total amount of Rs.10,00,000/-.
5. Considering the arguments advanced and perusing the judgment passed by the learned trial Court and the fact that the present applicant - accused is sentenced to undergo 220 days simple imprisonment and also the fact that the applicant has paid Rs.10,00,000/- to the wife, hence, the matter requires consideration. Therefore, the order impugned is challenged before this Court is for the arrears of Rs.8,25,000/- and which are required to be adjusted, hence, for the period from 12.07.2022 to 12.06.2023, no arrears remain outstanding.
6. In view of the above, the order passed by learned trial Court in Criminal Misc. Application No. 1265 of 2015 dated 13.06.2024 passed by JMFC Ahmedabad Rural is hereby quashed and set Page 2 of 3 Uploaded by Radhika Srinivasan(HCD0042) on Thu Jul 10 2025 Downloaded on : Thu Jul 10 22:19:30 IST 2025 NEUTRAL CITATION R/CR.RA/1155/2024 ORDER DATED: 10/07/2025 undefined aside. The present applicant be released, if he is not required in other cases.
Direct service is permitted.
(L. S. PIRZADA, J) Radhika Page 3 of 3 Uploaded by Radhika Srinivasan(HCD0042) on Thu Jul 10 2025 Downloaded on : Thu Jul 10 22:19:30 IST 2025