Gujarat High Court
Pankajbhai Harshadbhai Parekh vs State Of Gujarat on 12 June, 2023
Bench: Sandeep N. Bhatt
R/SCR.A/4888/2020 ORDER DATED: 12/06/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 4888 of 2020
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PANKAJBHAI HARSHADBHAI PAREKH
Versus
STATE OF GUJARAT
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Appearance:
MR RAJEN R DELIWALA(2266) for the Applicant(s) No. 1
SHYAMAL K BHIMANI(8233) for the Applicant(s) No. 1
HCLS COMMITTEE(4998) for the Respondent(s) No. 2,3
MR. DIVYANG A RAMANI(7180) for the Respondent(s) No. 2,3
MR. DHAVAN JAISWAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 12/06/2023
ORAL ORDER
1. This petition is filed for seeking following reliefs:-
"(A) Admit and allow the present petition;
(B) Quash and set aside the impugned order and judgment
dated 08.09.2020 passed by the Learned Additional Sessions
Judge, Rajkot at Dhoraji, in Criminal Revision Application 3
and 5 of 2020;
(C) Quash and set aside the impugned order and judgment
dated 29.05.2020 passed by the Learned Additional Chief
Judicial Magistrate Court, Dhoraji in Criminal Miscellaneous
Application No. 116 of 2018;
(D) Pending the admission, hearing and final disposal of the
R/SCR.A/4888/2020 ORDER DATED: 12/06/2023
captioned Petition, be pleased to stay the implementation,
execution and operation of impugned order and judgment
dated 08.09.2020 passed by the Learned Additional Sessions
Judge, Rajkot at Dhoraji, in Criminal Revision Application 3
and 5 of 2020;
(E) Pending the admission, hearing and final disposal of the
captioned Petition, be pleased to stay the execution
proceedings pending before the Ld. Additional Chief Judicial
Magistrate Court, Dhoraji bearing No. CRMA J No. 46 /
2020 and CRMA J No. 80/2020;
(F) Call for the original records and proceedings of the
Criminal Miscellaneous Application No. 116 of 2018
preferred before the Ld. Additional Chief Judicial Magistrate
Court, Dhoraji;
(G) Issue ex parte ad interim relief in terms of paragraph
no. 10 (D) and (E), above;
(H) Grant any such other and/or further order/s that this
Hon'ble Court may deem fit and propoer in the facts and
circumstances of the case."
2. When the matter is called out, learned advocate Mr.
Shyamal Bhimani for the petitioner has submitted that
during the pendency of the proceeding, parties have
arrived at settlement whereby the petitioner, who is
R/SCR.A/4888/2020 ORDER DATED: 12/06/2023
husband is required to pay Rs.25 lakhs towards full and
final settlement. Out of this, the petitioner has already
paid Rs.5 lakhs till today. Rest of the amount is
required to be paid as per the scheduled prescribed in
terms of agreement for settlement.
3. The agreement for settlement is already placed on
record, which is also notarized and is part of this
petition and the same is taken on record.
4. In view of the above, the present petition is allowed
by granting relief in terms of para 10(B) & (C) of this
petition by quashing and setting aside the respective
judgments passed by the learned Addl. Sessions Judge,
Rajkot at Dhoraji and in Criminal Revision Application
No.3 & 5 of 2020 and learned Addl. Chief Judicial
Magistrate, Dhoraji in Criminal Misc. Application No.116
of 2018.
5. This application is allowed in view of settlement by
granting abovementioned relief in terms para 10(B) &
(C).
R/SCR.A/4888/2020 ORDER DATED: 12/06/2023
6. It is clarified that if any terms of settlement is not
complied with, it will be open for the respondent to
make necessary request for reviving the criminal
proceedings.
Rule is made absolute to the aforesaid extent.
(SANDEEP N. BHATT,J)
DIWAKAR SHUKLA
