ANIRUDDHA KHANWALKAR Vs. SHARMILA DAS

JUDGEMENT

(1.) Leave granted.

(2.) The complainant is before this Court challenging the order dtd. 25/4/2023(Passed in Misc. Criminal Case No.11184 of 2021) passed by the High Court of Madhya Pradesh at Gwalior vide which the order dtd. 11/1/2021 passed by the 4th Additional Sessions Judge, Shivpuri(In Criminal Revision No. 155 of 2019) quashing the summoning order dtd. 12/3/2019(Complaint Case bearing Case No.7798 of 2019) passed by the Trial Court was set aside as far as Sec. 420, IPC is concerned against the respondent no.1/Sharmila Das and Sec. 420 read with Sec. 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 28/4/2018 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 petition(Case No. RCSHM/34/2019) under Sec. 11 of the 1955 Act(Hindu Marriage Act, 1955) before Principal Judge, Family Court, Shivpuri (M.P.) seeking annulment of marriage between the appellant and the respondent no.1.