HARSHITA PANDEY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicants have filed this Application under Sec. 438 of Cr.P.C. apprehending their arrest in C.R.No. 955 of 2022, registered at Amboli Police Station for the offences under Sec. 420, 467, 380, 495, 323, 500, 504, 506, 120B r/w. 34 of the Indian Penal Code.

(2.) The aforesaid crime was registered pursuant to the FIR lodged by Akash Bagaria. One of his grievances was that the Applicant No.1 had not disclosed that she was earlier married, and that she had married him during the subsistence of her first marriage. The Applicant No.1 has disputed the said statement. It is seen that the Complainant, and the Applicants and their family members had lodged several complaints against each other before the Courts in Maharashtra, as well as in Madhya Pradesh.

(3.) The dispute between the first informant and the Applicant No.1 escalated to such an extent that both these parties and their family members have filed about eighteen proceedings against each other before various authorities/ Courts in the State of Maharashtra and Madhya Pradesh. Considering that the Applicant No.1 and the first informant, both young and educated, have got entangled in futile legal battle, which in the long run is likely to have adverse impact on their career progression as well as physical, mental, social and financial wellbeing, on 27/3/2023, this Court had taken up the matter in chamber in an endeavor to resolve the dispute amicably. The advantage of settling the dispute amicably and the consequence of a long draw legal proceedings were explained to the respective parties. Both the parties were receptive and seeing the possibility of settlement, with consent, learned APP Shri Gavand was requested to assist them in arriving at a settlement.