Case Note & Summary
The applicant, Kishorebhai Jamatmal Ramchandani, filed a criminal revision application under Section 125 of the Code of Criminal Procedure, 1973, challenging an order dated 28.02.2019 passed by the learned Family Judge, Vadodara, in Criminal Misc. Application No.908 of 2015. The Family Court had partly allowed the application filed by respondent nos.2 and 3 (the wife and child) for maintenance. During the pendency of the revision, the matter was referred to the Mediation Centre, Vadodara, where a settlement was reached. The Secretary, District Legal Service Authority, Vadodara, submitted a report dated 09.04.2024 indicating that the parties had settled on the condition that the applicant pay Rs.4,50,000 as compensation. The applicant complied by paying Rs.1,00,000 via cheque dated 15.04.2024 and Rs.3,50,000 via cheque dated 20.11.2024. In view of the settlement and compliance, the High Court allowed the revision application, quashed the impugned order, and vacated any interim relief. The court directed that record and proceedings be sent back to the concerned court.
Headnote
A) Criminal Procedure - Maintenance - Section 125 CrPC - Settlement - The revision application challenged a Family Court order granting maintenance. During pendency, parties settled and applicant paid Rs.4,50,000 as compensation. Court allowed the revision, quashed the impugned order, and vacated interim relief. (Paras 1-4)
Issue of Consideration
Whether the impugned order granting maintenance under Section 125 CrPC should be quashed in light of a settlement reached between the parties.
Final Decision
The revision application is allowed. The impugned order dated 28.02.2019 in Criminal Misc. Application No.908 of 2015 passed by the learned Family Judge, Vadodara, is quashed and set aside. Record and proceedings be sent back to the concerned court. Interim relief, if any, stands vacated.
Law Points
- Settlement of dispute
- Quashing of maintenance order
- Section 125 CrPC
Case Details
2026 LawText (GUJ) (03) 1134
R/Criminal Revision Application (For Maintenance) No. 401 of 2019
Mr. P P Majmudar for Applicant, Mr. Mihir H Pathak for Respondent No.2, Mr. Rohan Raval, APP for Respondent No.1
Kishorebhai Jamatmal Ramchandani
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Nature of Litigation
Criminal revision application challenging a Family Court order granting maintenance under Section 125 CrPC.
Remedy Sought
Quashing of the order dated 28.02.2019 passed by the learned Family Judge, Vadodara, in Criminal Misc. Application No.908 of 2015.
Filing Reason
The applicant was aggrieved by the order granting maintenance to respondent nos.2 and 3.
Previous Decisions
The learned Family Judge, Vadodara, partly allowed the application under Section 125 CrPC on 28.02.2019.
Issues
Whether the impugned maintenance order should be quashed due to settlement between parties.
Submissions/Arguments
The matter was settled through mediation and the applicant paid Rs.4,50,000 as compensation.
Ratio Decidendi
When parties settle a maintenance dispute and the applicant complies with the settlement terms by paying the agreed compensation, the impugned order granting maintenance can be quashed.
Judgment Excerpts
By way of present criminal revision application the applicant has sought relief to quash and set aside the order dated 28.02.2019, in Criminal Misc. Application No.908 of 2015, passed by the learned Family Judge, Vadodara...
In view of above, since the applicant has complied with the terms and conditions of the settlement, the present revision application stands allowed.
Procedural History
The Family Court partly allowed the maintenance application on 28.02.2019. The applicant filed a revision in the High Court. During pendency, the matter was referred to mediation, resulting in a settlement. The applicant paid Rs.4,50,000 as per the settlement. The High Court then allowed the revision and quashed the impugned order.
Acts & Sections
- Code of Criminal Procedure, 1973: 125
