- 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