Irfan Ahemadhussain Shekh vs Parveen W/O Irfan Ahemadhussain Shekh ...
2026 Latest Caselaw 1202 Guj

Gujarat High Court

Irfan Ahemadhussain Shekh vs Parveen W/O Irfan Ahemadhussain Shekh ... on 13 March, 2026

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                           R/CR.RA/1386/2019                                     JUDGMENT DATED: 13/03/2026

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 1386
                                                 of 2019

                                                   With
                      CRIMINAL MISC.APPLICATION (FOR QUASHING OF ORDER/STAY) NO.
                                                 2 of 2021
                            In R/CRIMINAL REVISION APPLICATION NO. 1386 of 2019

                      FOR APPROVAL AND SIGNATURE:


                      HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
                      ==========================================================

                                   Approved for Reporting                       Yes           No

                      ==========================================================
                                         IRFAN AHEMADHUSSAIN SHEKH
                                                    Versus
                            PARVEEN W/O IRFAN AHEMADHUSSAIN SHEKH D/O KADARBHAI
                                            JAMALBHAI SHEKH & ORS.
                      ==========================================================
                      Appearance:
                      JAIMIN A GANDHI(8065) for the Applicant(s) No. 1
                      KUMAR H TRIVEDI(9364) for the Respondent(s) No. 1
                      MR RAJENDRA R CHAVDA(10209) for the Respondent(s) No. 1
                      MR ROHAN RAVAL, APP for the Respondent(s) No. 3
                      RULE SERVED BY DS for the Respondent(s) No. 2
                      ==========================================================
                           CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                            Date : 13/03/2026

                                                            ORAL JUDGMENT

1. Considering the issue involved in the present revision application and with consent of the learned advocates appearing for the respective parties as well as considering the fact that the dispute amongst the parties has been resolved amicably, this revision application is taken up for final disposal forthwith.

2. By way of this application under Section 397 (1) read with Section 401(1) of the Code of Criminal Procedure, 1973 (for short "CrPC"), the applicant has prayed for quashing and setting aside the order dated 23.09.2019 passed by learned Principal Judge, Family Court, Junagadh, in

NEUTRAL CITATION

R/CR.RA/1386/2019 JUDGMENT DATED: 13/03/2026

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Criminal Misc. Application No.180/2018, whereby, the Family Court has been pleased to grant maintenance of Rs.4,000/- to respondent No.1 wife and Rs.1,000/- to minor respondent No.2 and thereby, total ordered to pay monthly maintenance of Rs.5,000/- to the respondents and also ordered to pay the arrears if any.

3. Mr. Jaimin Gandhi, learned advocate for the applicant has taken this Court through the factual matrix arising out of the present application. At the outset, it is submitted that the parties have amicably settled the issue and separated by taking mutual divorce. Copy of divorce agreement executed between the parties is produced on record.

4. Mr. Rohan Raval, learned Additional Public Prosecutor appearing for the State has opposed the present application and submitted that considering the seriousness of the offence, present application may be rejected.

5. Mr. Kumar H. Trivedi, learned advocate for respondent has reiterated the contentions raised by the learned advocate for the applicant. The learned advocate for respondent No.1 also relied upon the mutual divorce agreement dated 10.01.2023 and stated that, the parties have settled the dispute amicably and taken mutual divorce.

6. At the outset, learned advocates for the respective parties have jointly submitted that matter is settled and now the parties do not want to pursue the matter further. In this regard, mutual divorce agreement has been placed, which is taken on record. The contents of the agreement is also admitted by the respondent No.1 wife.

7. Considering the fact that the dispute is settled between the parties and the parties have mutually separated by executing mutual divorce agreement dated 10.01.2023, more particularly the contents of paragraph Nos.3, 7 and 10, revision application deserves consideration without further

NEUTRAL CITATION

R/CR.RA/1386/2019 JUDGMENT DATED: 13/03/2026

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discussion on merit.

8. Resultantly, this revision application is allowed. Judgment and order dated 23.09.2019 passed by learned Principal Judge, Family Court, Junagadh, in Criminal Misc. Application No.180/2018 is hereby quashed and set aside. Accordingly, Criminal Misc. Application No.2/2021 also stands disposed of.

Rule is made absolute. Direct service is permitted.

(HASMUKH D. SUTHAR,J)

SUCHIT