AARIF GANIBHAI MODA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE returnable forthwith. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent - State.

(2.) By way of this application, the applicant has prayed for quashing and setting aside the order dtd. 20/3/2024 passed by the learned Principal Judge, Family Court, Jamnagar in Criminal Miscellaneous Application No.44 of 2024, whereby the revisionist was ordered to suffer rigorous imprisonment for the period of ten months for the arrears of ten months maintenance amount which was in total of Rs.70,000.00, and further considering intentional disregard of the order of the Court, 10 days rigorous imprisonment for every month breach, thus 100 days further imprisonment, under Sec. 125(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to in short as 'Cr.P.C.').

(3.) Learned Advocate for the applicant herein Mr. M.S. Padaliya has drawn the attention of this Court to the Affidavit of the respondent No.2 - the wife, placed on record at Annexure 'C'. In Paragraph 3 of the said Affidavit, it is stated that the entire amount has been paid to her as per the application of recovery.