KISHOREBHAI JAMATMAL RAMCHANDANIversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The revision is allowed and the order of the Family Judge dated 28‑02‑2019 is quashed and set aside.
Summary
Kishorebhai Jamamtal Ramchandani filed a criminal revision seeking to quash an order dated 28‑02‑2019 of the Family Judge, Vadodara, which had partly allowed a maintenance application under Section 125 of the CrPC. While the revision was pending, the dispute was referred to the Vadodara Mediation Centre, which facilitated a settlement requiring the applicant to pay Rs 4,50,000 as compensation. The applicant complied by paying Rs 1,00,000 on 15‑04‑2024 and Rs 3,50,000 on 20‑11‑2024. The High Court, noting full compliance with the settlement terms, allowed the revision, quashed the impugned order, and directed the record to be sent back to the lower court, vacating any interim relief. The decision underscores that a settlement under Section 125, once fulfilled, can justify setting aside earlier maintenance orders.
Issues considered
- What is the effect of a settlement, approved by the Mediation Centre, on an earlier order granting maintenance under Section 125 CrPC?
- Whether a criminal revision under the CrPC is maintainable to quash the Family Judge’s order after settlement compliance.
Legislation cited
Subjects
Judgment
R/CR.RA/401/2019 JUDGMENT DATED: 23/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO.
401 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
============================================
Approved for Reporting Yes No
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KISHOREBHAI JAMATMAL RAMCHANDANI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR P P MAJMUDAR(5284) for the Applicant(s) No. 1
MR MIHIR H PATHAK(5261) for the Respondent(s) No. 2
NOTICE SERVED for the Respondent(s) No. 3
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
============================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 23/03/2026
JUDGMENT
1) 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, whereby, the learned Family Judge has
been pleased to partly allow the said application filed by the
respondent nos.2 and 3 herein under Section 125 of the Code of
Criminal Procedure (which shall hereinafter be referred to as “the
Code” for short).
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R/CR.RA/401/2019 JUDGMENT DATED: 23/03/2026
2) During the pendency of the present revision application the matter
was referred to the Mediation Centre, Vadodara and accordingly,
the Secretary, District Legal Service Authority, Vadodara, has
submitted a report dated 09.04.2024 qua settlement as per which
the matter is settled on the condition to pay Rs.4,50,000/- as
compensation and the said amount is already paid by the applicant
i.e. Rs.1,00,000/- paid through cheque bearing No.088020, of State
Bank of India, Vadodara, dated 15.04.2024 and Rs.3,50,000/- paid
through cheque bearing No.088021, of State Bank of India,
Vadodara, dated 20.11.2024.
3) In view of above, since the applicant has complied with the terms
and conditions of the settlement, the present revision application
stands allowed. The impugned order dated 28.02.2019, in
Criminal Misc. Application No.908 of 2015, passed by the learned
Family Judge, Vadodara, is hereby quashed and set aside.
4) Record and proceedings, if any, be sent back to the concerned
Court forthwith. Interim relief, if any, stands vacated.
(HASMUKH D. SUTHAR,J)
ANKIT JANSARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 23/03/2026 18:22:20
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