Gujarat High Court
Sadik Mahammad Patel vs State Of Gujarat on 10 February, 2022
Bench: B.N. Karia
R/CR.RA/321/2017 ORDER DATED: 10/02/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 321 of 2017
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SADIK MAHAMMAD PATEL
Versus
STATE OF GUJARAT & 2 other(s)
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Appearance:
MR MA KHARADI FOR MR S D MANSURI(7509) for the Applicant(s) No. 1
MR HARDIK SONI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE B.N. KARIA
Date : 10/02/2022
ORAL ORDER
Today, learned advocate for the respective parties submit
that amicable settlement has been arrived at between the
parties.
Learned advocate for the respondent nos. 2 and 3 in
connection with the compromise arrived at between the
parties, affidavit has been filed by the respondent no.2 on
06.02.2022. It is further submitted that respondent no.2 has
no objection if the impugned judgment and order dated
04.03.2017 passed in Criminal Misc. Application No. 16 of
2014 (Old No. 155 of 2008) by the learned Principal Judge,
Family Court at Bharuch may be quashed and set aside as the
applicant has paid Rs. 9,83,000/- towards the maintenance of
minor son namely Saad up to 15.10.2019 and said amount is
withdrawn by her.
R/CR.RA/321/2017 ORDER DATED: 10/02/2022
As per submissions made by learned advocate for the
respondent no.2 and 3, learned advocate for the applicant has
requested to dispose of present application by quashing and
setting aside the judgment and order dated 04.03.2017 passed
in Criminal Misc. Application No. 16 of 2014 (Old No. 155 of
2008) by the learned Principal Judge, Family Court at Bharuch.
Having heard learned advocates for the applicant as well
as respondents no.2 and 3, it appears that the compromise has
been arrived at between the parties, and in this connection the
respondent no.2 has filed her affidavit, relevant paragraphs of
the said amount are as under:
(I) I and my minor son arraigned as respondent Nos.2 and 3 in the
present revision application, which is filed against the order passed by
the Family court, Bharuch in Criminal Misc. Application No. 16 of 2014
dated 04.03.2017.
(II) ! state that after the above referred order was passed by the
family court, | have contracted marriage with one Mr. Mohsin Mehabub
Patel and at present | am residing with my husband Shri Mohsin
Mehabub Patel. My minor son, Namely, sa'ad is residing with my
father, Namely, Faruk Allibhai.
(III) I state that as ordered by the Family Court at Bharuch, which is
impugned in this petition, the Petitioner has paid Rs. 9,87,000/-
towards the Maintenance of my minor son namely sa'ad up To
15.10.2019 and the same amount is Withdrawn also by me.
(IV) I state that due to the intervention of the elders and as good
sense prevailed, the petitioner and Myself, for me and on behalf of my
minor son, have settled the dispute amicably and therefore | urged to
this Honourable Court to allow this Petition by quashing and setting
aside the order Passed by the family court, Bharuch in criminal Misc
R/CR.RA/321/2017 ORDER DATED: 10/02/2022
application no. 16 of 2014 dated 04 03 2017.
(V) | reiterate that | have been settled in my life as Stated above and
I do not want to claim any further Amount and | have no objection if the
present Revision application is allowed.
(VI) I state that in view of the settlement arrived at Between the
petitioner and respondent nos 2 And 3 of this petition (my self and m
nor son) the Proceedings of recovery application pending with the
Family court, Bharuch was aso Withdrawn by me on 09 12 2021 being
criminal Misc. application no 290 of 2021.
(VII) I state that | have also filed Criminal Revision Application no 528
of 2017 and no 644 of 2018 for enhancement of the maintenance
amount etc., which I want to withdraw without any orders as part of the
settlement.
From the contents of the affidavit, it appears that the
respondent no.2 wife is married with one Mr. Mohsin
Mehabub Patel and she is presently residing with her husband
and her minor son is residing with her father namely Faruk
Allibhai. It appears that respondent no.2-wife has received an
amount of maintenance deposited by the present applicant
towards the maintenance of her minor son up to 15.10.2019.
She has submitted in her affidavit that she has no objection, if
the impugned judgment and order dated 04.03.2017 passed in
Criminal Misc. Application No. 16 of 2014 (Old No. 155 of
2008) by the learned Principal Judge, Family Court at Bharuch.
Considering the submissions made by learned advocates
for the respective parties and contents of the affidavit filed by
the respondent no.2 wife , present application stands allowed.
R/CR.RA/321/2017 ORDER DATED: 10/02/2022
On ground of settlement arrived at between the parties,
the impugned judgment and order dated 04.03.2017 passed in
Criminal Misc. Application No. 16 of 2014 (Old No. 155 of
2008) by the learned Principal Judge, Family Court at Bharuch
stands quashed and set aside.
Rule is made absolute to the aforesaid extent.
Record and proceedings shall be sent to the concerned
Family Court forthwith.
(B.N. KARIA, J)
K. S. DARJI
