DINESHBHAI VAKSHIBHAI NINAMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the present Special Criminal Application the petitioner has prayed for an appropriate writ, order or direction quashing and setting aside the order passed by the learned Judicial Magistrate First Class, Modasa dated 23/03/2006 in Criminal Miscellaneous Application Nos. 148/2005 and 62/2006 whereby the learned Judicial Magistrate First Class, Modasa has passed an order sending the petitioner to judicial custody for non payment of maintenance. The petitioner has also challenged the order passed by the learned Session Judge, Sabarkantha dated 30/01/2006 in Criminal Revision Application No. 79/2005, which came to be dismissed by the learned Sessions Judge.

(2.) Today, when the present petition is taken up for final hearing, Shri Dastoor, learned advocate appearing on behalf of the petitioner has submitted that in fact pursuant to the order passed by this Court, the petitioner had initially deposited Rs. 10,000/- with the Registry of this Court, which the respondent-wife was permitted to withdraw. It is further submitted by him that the petitioner has further deposited some amount and to the best of his knowledge, that amount was permitted to be withdrawn by the respondent-wife by this Court. It is further submitted that in view of the above when the petitioner had already paid the amount of maintenance for which the impugned orders were passed sending the petitioner to the judicial custody for non-payment of arrears, it is requested to quash and set aside the impugned orders passed by the learned Judicial Magistrate First Class, Modasa.

(3.) Ms. Gayatri Jadeja, learned advocate appearing for Shri J.V. Japee, learned advocate appearing on behalf of respondent no. 2-wife has stated that she has got telephonic instructions from respondent no. 2-wife that she has already got divorce from the petitioner and, therefore, the present petition would not survive and has become infructuous.