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
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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
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MEHUL KANUBHAI VAGHELA
Versus
STATE OF GUJARAT & ANR.
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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
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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
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R/CR.RA/295/2025 ORDER DATED: 21/07/2025
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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,
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R/CR.RA/295/2025 ORDER DATED: 21/07/2025
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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.
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R/CR.RA/295/2025 ORDER DATED: 21/07/2025
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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
