Anooj Balkrishna Agarwal vs State Of Gujarat
2025 Latest Caselaw 772 Guj

Gujarat High Court

Anooj Balkrishna Agarwal vs State Of Gujarat on 10 July, 2025

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                               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
                         ==========================================================

                           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

NEUTRAL CITATION

R/CR.RA/1155/2024 ORDER DATED: 10/07/2025

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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

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R/CR.RA/1155/2024 ORDER DATED: 10/07/2025

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aside. The present applicant be released, if he is not required in

other cases.

Direct service is permitted.

(L. S. PIRZADA, J) Radhika