On 3rd February, Supreme Court quashed criminal proceedings against a person accused of abducting a woman who later married her abductor.
In the instant case, the mother of a girl filed a complaint in 2013 alleging that Vikram Rai and the accused Vishwas Bhandari kidnapped her daughter by alluring her for marriage.
Later, the girl married the accused who was acquitted by the Trial Court as there was no evidence to suggest that the girl was a minor on the date of the alleged abduction. The other accused Bhandari was not tried as he had absconded.
After the main accused was acquitted, Bhandari approached the High Court seeking quashing of FIR and proceedings on the ground that the prosecutrix and Rai had not levelled any allegation against him. The High Court dismissed his request.
In Appeal, Hon’ble Supreme Court opined that there was no evidence against the accused and therefore proceedings were untenable.
The Court opined that evidence before the Court suggests no allegations against the appellant, and the main allegations were against Rai. He was acquitted as the prosecutrix had married him on 04/08/2013 and also had kids with him.
As there are no allegations against the accused, a continuation of proceedings against him would be an abuse of process of law concluded the Court.
Case Details:-
Title: Vishwas Bhandari vs the State of Punjab
Case No.: Crl. Appeal: 105 of 2021
Date of Order: 03.02.2021
Coram: Hon’ble Justice Hemant Gupta and Hon’ble Justice S Ravindra Bhat
Click to Read/Download Judgment
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