1. An application was filed seeking relief, but the parties subsequently sought to withdraw the matter following an amicable settlement. (Para 2 , 3 )
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2026 Supreme(Online)(Guj) 35769
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. Pinto, J
Rahimbhai Gulubhai Champaneriya – Appellant
Versus
State of Gujarat – Respondent
R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 1436 of 2018
Important Points
A criminal revision application for maintenance may be dismissed for non-prosecution if the parties fail to appear and the applicant has previously indicated an intention to withdraw the matter due to an amicable settlement.
Subject
Criminal - Maintenance
Headnote
(A) Criminal Revision - Maintenance - Non-prosecution - Application dismissed when parties fail to appear and applicant has previously stated intention to withdraw due to amicable settlement. (Para 3, 5)
Issues: Whether the application should be dismissed for non-prosecution in light of the applicant's statement of amicable settlement and absence of parties.
Issues: Whether the application should be dismissed for non-prosecution in light of the applicant's statement of amicable settlement and absence of parties.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: Umarfaruk M Kharadi
For the Respondents: C.M. Shah, Bhargav K Mehta
For the Appellants/Petitioners: Umarfaruk M Kharadi
For the Respondents: C.M. Shah, Bhargav K Mehta
Table of Contents
2. The applicant expressed an intention to withdraw the application due to an amicable settlement between the parties. (Para 3 )
3. The court noted the consistent absence of the parties and their advocates, alongside the recorded statement regarding the applicant’s intent to withdraw the application. (Para 1 , 4 )
4. Where an applicant expresses an intent to withdraw a matter, the court may dismiss said matter for non-prosecution if parties remain absent at the time of hearing. (Para 5 )
5. The application stands dismissed for non-prosecution. (Para 5 )
6. Can an application be dismissed for non-prosecution if the parties are absent?
Yes, where the parties and their advocates fail to remain present to make submissions before the court, an application can be dismissed for non-prosecution. (Para 1 , 4 , 5 )
ORAL ORDER
1. When the matter is called out, learned advocate Mr. Umarfaruk M. Kharadi and learned advocate Mr. Bhargav K.Mehta for the respondent Nos.2 to 4 are not present.
2. By an order dated 30.09.2026, as the learned advocates for the parties were consistently not remaining present before the Court, a notice was ordered to be issued to the applicant as well as the respondent Nos.2 to 4, pursuant to which, the notices have been duly served to the parties.
3. As per the notice, the statement of the applicant was recorded by A.S.I., Sathambha Police Station, wherein the applicant has stated that the parties have amicably settled the matter and he intends to withdraw the present application.
4. When the matter is called out today, learned advocate for the parties are not present and the applicant or the respondent Nos.2 to 4 are not present to make any submission in the matter.
5. In view of the above, the present application stands dismissed for non-prosecution.
