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High Court of Gujarat

VARUN VIJAY SETHversusSTATE OF GUJARAT

Disposal
27-WITHDRAWN @ ADM.STAGE

Holding

The court granted permission to withdraw the application, disposing of it as withdrawn.

Summary

The applicant, Varun Vijay Seth, filed a criminal miscellaneous application seeking condonation of delay. The applicant's counsel later submitted an additional affidavit stating that the parties had entered into a Memorandum of Understanding dated 02.01.2026 to obtain a divorce by mutual consent, and a family suit had been filed in the Surat Family Court. On this basis, the applicant requested permission to withdraw the condonation application. The court considered the request and the supporting documents, and found no impediment to allowing the withdrawal. Consequently, the court granted permission to withdraw the application, disposing of it as withdrawn.

Issues considered

  • Whether the court may grant permission to withdraw a criminal miscellaneous application for condonation of delay on the ground that the parties have agreed to a mutual consent divorce and have filed a family suit.

Subjects

condonation of delaywithdrawal of applicationmutual consent divorcefamily suitcriminal revision

Judgment

   R/CR.MA/24022/2025                          ORDER DATED: 20/02/2026




   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


 R/CRIMINAL MISC.APPLICATION (FOR CONDONATION
             OF DELAY) NO. 24022 of 2025
   In F/CRIMINAL REVISION APPLICATION/42672/2025

================================================
                  VARUN VIJAY SETH
                        Versus
               STATE OF GUJARAT & ORS.
================================================
Appearance:
MS. SAROJ M. SHARMA(16265) for the Applicant(s) No. 1
MR PRANAV DHAGAT, APP for the Respondent(s) No. 1
================================================

CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                         Date : 20/02/2026

                          ORAL ORDER


      Learned advocate Ms. Saroj M. Sharma for the applicant,
upon instructions, seeks permission to withdraw this application
in view of the Additional Affidavit on behalf of the applicant inter
alia contending that as per the Memorandum of Understanding
dated 02.01.2026, the parties have decided to avail divorce by
mutual consent for which, a Family Suit No. 12 of 2026 is also
preferred before the Family Court, Surat. The copies of Additional
Affidavit and the Memorandum of Understanding are taken on
record.




                              Page 1 of 2
         R/CR.MA/24022/2025                                                             ORDER DATED: 20/02/2026




             Permission, as prayed for, is granted. This application is
   disposed of as withdrawn.


                                                                                             [ P. M. Raval, J. ]
   hiren/DB/1/4tss20226




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: HIREN VIRENDRABHAI MER(HC00351), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 20/02/2026 14:19:15



                                                         Page 2 of 2


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