R/CR.RA/1084/2018 JUDGMENT DATED: 20/03/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 1084 of 2018 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR ============================================ Approved for Reporting Yes No ============================================ FIROZKHAN GULABKHAN PATHAN Versus STATE OF GUJARAT & ORS. ============================================ Appearance: MR IMRAN H PATHAN(3478) for the Applicant(s) No. 1 DR. KHUSHBU P VYAS(7040) for the Respondent(s) No. 2,3 HCLS COMMITTEE(4998) for the Respondent(s) No. 2,3 MR ROHAN RAVAL, APP for the Respondent(s) No. 1 ============================================ CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 20/03/2026 ORAL JUDGMENT 1) By way of present revision application under Sections 397 read with 401 of the Code of Criminal Procedure, the applicant has requested to quash and set aside the judgment and order dated 03.12.2011 in Criminal Misc. Application No. 128 of 2010 passed by learned JMFC, Amod. 2) Brief facts of the present case are that the marriage of the applicant and respondent no.2 was solemnized on 15.11.2005 R/CR.RA/1084/2018 JUDGMENT DATED: 20/03/2026 according to Muslim Shariyat at Ahmedabad and out of their wedlock one daughter namely Farjana i.e. respondent no.3. On 17.10.2010, the respondnet no.2 left her matrimonial house without any sufficient reason and started residing at her parental house at Amod, District – Bharuch. That, on 15.11.2010, respondent no.2 had filed application ie., Criminal Misc. Application No.128 of 2010 for maintenance under Section 125 of the Code of Criminal Procedure. After concluding the application, learned Family Court has granted maintenance of Rs.2,500/- per month to the respondent no.2 wife and Rs.1,000/- per month to the respondent no.3 daughter and that is how, the applicant has approached this court against the order dated 03.12.2011 passed by learned JMFC, Amod in Criminal Misc. Application No. 128 of 2010. 3) Heard learned advocates for the respective parties. 4) It appears that the settlement has been arrived at between the complainant and present applicant and they had decided to get their marriage dissolved by mutual consent and both the parties agreed that all the matrimonial disputes between them and their family members had come to an end by executing Divorce Deed dated 23.11.2022, which has been confirmed by the Affidavit dated 01.12.2022, which is placed on record. As the dispute is private in nature taking into account the fact of settlement, R/CR.RA/1084/2018 JUDGMENT DATED: 20/03/2026 present application is required to be allowed. 5) As a result, the present revision application is allowed. The judgment and order dated 03.12.2011 passed by learned JMFC, Amod in Criminal Misc. Application No. 128 of 2010, is hereby quashed and set aside. 6) Rule is made absolute to aforesaid extent. (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 18:24:53