Criminal Revision Application No. 140 of 2026 · High Court · 2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADCRIMINAL REVISION APPLICATION NO. 140 OF 2026 Vinod Namdar Tadvi..APPLICANTVERSUSShamimbee Vinod Tadvi and Others..RESPONDENTS....Mr. Pradip Kulkarni, Advocate h/f Mr. M.D. Narwadkar, Advocate for ApplicantMr. A.R. Syed, Advocate for Respondents.... CORAM : ABHAY J. MANTRI, J.DATE : 07th MAY, 2026PER COURT :

Learned counsel for the Petitioner/Applicant submitted that thematter be referred for mediation. However, I do not find substance in hiscontention to refer the matter to mediation, as the Applicant’s intention isnothing but to protract the matter, which has been pending since 2023.Therefore, I am not inclined to refer the matter to mediation. Moreover, thematter can be referred to mediation at any stage before any Court. Therefore, Ido not find substance in his contention.

At this stage, learned counsel for the Applicant requests to keep thematter back. As per his request, the matter is kept back till 12:00 noon. If the Applicant fails to work out the matter, then a necessary order will be passed onits own merit.1 / 4 910-REVN-140-26.odt3.It also appears that on 4th May 2026, no one appeared for the Applicant, so the matter was kept today for hearing and passing of the orderwith a direction that no further time will be granted.

Heard the learned counsel for the parties and have gone through theimpugned order dated 03rd August, 2023, passed by the learned Family Court, Jalgaon. It would be appropriate to reproduce the said order as under:-

With the assistance of Ld. Counsel for the respondent, I have gonethrough the record. My Ld. Predecessor on 20-09-2021 has passed an orderthat the petitioner has to face cross-examination. However, he does not appear. The record further shows that, thereafter, several dates were given to thepetitioner to appear and proceed with the matter; however, he has failed toappear. Therefore, I have reason to hold that the petitioner has lostinterest in the matter. Hence, it is liable to be dismissed. Thus, orderaccordingly.

Bare perusal of the said order reveals that despite grantingsufficient opportunity, the Applicant failed to appear before the learned FamilyCourt, and therefore, the matter was dismissed.

It further appears that on 06th July, 2013, the learned J.M.F.C.,Jalgaon, after considering the evidence of both parties, passed the reasonedorder and thereby granted maintenance of Rs. 2,000/- p.m. to each respondent. It was also observed that the Petitioner is serving in S.R.P. and getting a salaryof Rs.18,000/- p.m. In his cross-examination, he has categorically admittedthat he spent only Rs. 4,000/- p.m. on his personal expenses. Therefore, theabove-mentioned maintenance was granted. 2 / 4 910-REVN-140-26.odt7.It is further apparent that he has challenged the said judgment andorder before the learned Additional Sessions Judge, Jalgaon, in Revision, whoby Judgment and order dated 18th April, 2016 dismissed the same, with libertyto seek relief under Section 127 of the Cr.P.C. Since then, till the passing ofthe impugned order on 03rd August, 2023, it was pending. The said factsthemselves indicate that the Applicant was not interested in the saidproceedings, but only with a view to lingering the matter from the date it wasfiled.

It also reveals that since the filing of this Application, i.e, 10thDecember, 2023, this Application is pending with a view to keeping itlingering in the court. The said conduct of the Applicant itself indicates thatthe Applicant is not interested in proceeding with the matter but is trying toprotract it by any means. Having considered the same, I do not find anyillegality or perversity in the impugned order to interfere in it in the revisionaljurisdiction of this Court.

As such, the Criminal Revision Application, being bereft of merits, stands dismissed.

The learned counsel for both parties initially insisted on referringthe matter to mediation, having considered their said request and to give onemore opportunity to them to explore the possibility, it can be referred to3 / 4 910-REVN-140-26.odtmediation. Though the matter has been dismissed, if the parties are reallyinterested in settling the same, it is referred to the Mediator Mrs. S.T. Kazi, learned counsel, for mediation, with their consent. The Secretary, High CourtLegal Services Sub-Committee, Aurangabad, is requested to appoint Mrs. S.T.Kazi, learned counsel, as a Mediator in the matter. Inform the Sub-Committeeaccordingly.

If the Mediation is successful, then liberty is granted to the partiesto mention the matter by filing an appropriate Application, though it wasdismissed. ( ABHAY J. MANTRI, J. ) SSD4 / 4