Aniruddha Khanwalkar vs Sharmila Das

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 385

C. T. RAVIKUMAR, RAJESH BINDAL
Aniruddha Khanwalkar – Appellant
Versus
Sharmila Das – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Gopal Shankarnarayanan, Sr. Adv. Ms. Astha Sharma, AOR Mr. Nipun Saxena, Adv. Mr. Srisatya Mohanty, Adv. Ms. Anju Thomas, Adv. Mr. Sanjeev Kaushik, Adv. Ms. Mantika Haryani, Adv. Ms. Aditi Gupta, Adv. Mr. Shreyas Awasthi, Adv. Mr. Himanshu Chakravarty, Adv. Ms. Ripul Swati Kumari, Adv. Mr. Bhanu Mishra, Adv. Ms. Muskan Surana, Adv. Ms. Lihzu Shiney Konyak, Adv. Mr. Archit Adlakha, Adv. Ms. Soumya Saxena, Adv. Mr. Aditya Raj Pandey, Adv.
For the Respondent(s): Mr. Yashaswi Sk Chocksey, Adv. Mr. Ankit Singh, Adv. Mr. Yashish Chandra, Adv. Mr. Vijay Rajput, Adv. Mr. Rajesh Kumar, Adv. Mr. Madhup Kumar Tiwari, Adv. Ms. Kavita Chaturwedi, Adv. Ms. Neha Rai, Adv. Mr. Mukesh Kumar, AOR

JUDGMENT :

Rajesh Bindal, J.

Leave granted.

2. The complainant is before this Court challenging the order dated 25.04.2023¹[Passed in Misc. Criminal Case No.11184 of 2021] passed by the High Court of Madhya Pradesh at Gwalior vide which the order dated 11.01.2021 passed by the 4th Additional Sessions Judge, Shivpuri²[In Criminal Revision No. 155 of 2019] quashing the summoning order dated 12.03.2019³[Complaint Case bearing Case No.7798 of 2019] passed by the Trial Court was set aside as far as Section 420, IPC is concerned against the respondent no.1/Sharmila Das and Section 420 read with Section 120-B, IPC against the respondent no.2/Usharani Das and respondent no.3/Sangita.

3. Briefly the facts as available on record are that the marriage of the appellant was solemnized with the respondent no.1 on 28.04.2018 in the presence of the respondent nos. 2 and 3. Having come to know that on the date, the respondent no.1 had solemnized marriage with the appellant, she was already married and had not obtained divorce from her first husband, the appellant filed a petition⁴[Case No. RCSHM/34/2019] under Section 11 of the 1955 Act⁵[Hindu Marriage Act, 1955] before Principal Judge, Family Court, S

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2024 Supreme(SC) 385

C. T. RAVIKUMAR, RAJESH BINDALAniruddha Khanwalkar – AppellantVersusSharmila Das – Respondent

C. T. RAVIKUMAR, RAJESH BINDAL
Aniruddha Khanwalkar – Appellant
Versus
Sharmila Das – Respondent