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Bombay High Court

ASHOK UMAKANT MATHPATI AND OTHERSversusSHIVKANYA ASHOK MATHPATI AND ANOTHER

Disposal
APPLICATION ALLOWED

Holding

The court allowed the restoration of Criminal Application No. 4305/2023, subject to the payment of Rs. 5,000 to the contesting respondent.

Summary

The applicants filed a criminal application seeking restoration of Criminal Application No. 4305 of 2023, which had been dismissed for want of prosecution on 16 January 2025. They pleaded a delay of 170 days and argued that the reasons for the delay warranted condonation, emphasizing that the dispute was matrimonial and should be decided on merits. The court examined the submissions and, noting the hardship to the contesting respondent, allowed the restoration on the condition that the applicants pay Rs. 5,000 to the contesting respondent as a pre‑condition. Upon payment, the original proceeding would be reinstated. The court also ordered that a notice be issued to the respondents, with service waived by both the State and the respondent’s counsel.

Issues considered

  • Whether a delay of 170 days in filing an application for restoration can be condoned.
  • Whether restoration of a dismissed criminal application can be conditioned on payment of costs to the contesting respondent.

Subjects

  • criminal procedure
  • condonation of delay
  • restoration of proceedings
  • matrimonial dispute
  • cost payment
  • notice issuance
  • want of prosecution

Judgment

                                 -1-
                                                  criappln3087.25.odt

       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                   BENCH AT AURANGABAD

           38 CRIMINAL APPLICATION NO. 3087 OF 2025
           IN CRIMINAL APPLICATION NO. 4305 OF 2023

Ashok Umakant Mathpati & others                  ….Applicants

VERSUS

Shivkanya Ashok Mathpati & another               …..Respondents

Mr. A. A. Yadkikar, Advocate for Applicants.
Ms. P. J. Bharad, APP for the State.
Mr. R. B. Narwade, Advocate for Respondent No. 2.

                               CORAM : R. M. JOSHI, J.
                               DATE : 21st SEPTEMBER, 2026.
PER COURT :


1.     This is an application for restoration of Criminal Application

No. 4305/2023 which came to be dismissed for want of prosecution

on 16.01.2025.



2.    Learned Counsel for the Applicants submits that the reasons

mentioned in the application are sufficient for condonation of delay of

170 days. According to him, it is in the interest of the parties that

the original application be heard on merits.



3.    Learned Counsel for contesting Respondent as well as learned

APP opposed the application.
                                  -2-
                                                         criappln3087.25.odt



4.    Record indicates that this is a matrimonial dispute. Needless

to state that it is in the interest of the parties that the application is

decided   on   merit   rather   than   its    disposal    on   technicalities.

Application shows sufficient reasons for condonation of delay.



5.    Hence, application is allowed.         Considering the relationship

between the parties and hardship caused to the contesting

Respondent, the Applicant is directed to pay cost of Rs. 5,000/- to

the contesting Respondent within a period of two weeks from today,

which would be a pre-condition for restoration of the original

proceeding.    In case the amount of cost is paid to the contesting

Respondent, Criminal Application No. 4305/2023 be restored to its

original position. Application stands disposed of.



                                                     ( R. M. JOSHI, J.)

dyb
                                -3-
                                                criappln3087.25.odt

         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

              CRIMINAL APPLICATION NO. 4305 OF 2023

Ashok Umakant Mathpati & others                ….Applicants

VERSUS

Shivkanya Ashok Mathpati & another             …..Respondents

Mr. A. A. Yadkikar, Advocate for Applicants.
Ms. P. J. Bharad, APP for the State.
Mr. R. B. Narwade, Advocate for Respondent No. 2.

                             CORAM : R. M. JOSHI, J.
                             DATE : 21st SEPTEMBER, 2026.
PER COURT :


         Issue notice to the Respondents returnable on 23.10.2026.

Learned APP waives service of notice on behalf of the State. Learned

Counsel Mr. Narwade waives service of notice behalf of Respondent

No. 2.

                                               ( R. M. JOSHI, J.)

dyb


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