'No Allegations Whatsoever': Supreme Court Quashes FIR Against Man Accused Of Abducting Woman Who Later Married The Main Accused

The Supreme Court quashed criminal proceedings against a man accused of abducting a woman who later married the main accused.

In this case, the mother of the girl filed a complaint in the year 2013 alleging that one Vikram Roop Rai and the accused Vishwas Bhandari kidnapped her daughter by alluring her for the purpose of marriage. Later the girl married  Rai who was acquitted by the Trial Court on the ground that no evidence was adduced to prove that the age of the prosecutrix was less than 18 years on the alleged date of occurrence of abduction. Vishwas Bhandari was not tried since he was absconding during that period.

After the acquittal of Rai, Vishwas Bhandari approached the High Court seeking quashing of the FIR and subsequent proceedings on the ground that neither the prosecutrix nor the complainant have levelled an iota of allegation against him in respect of abduction of the prosecutrix. This petition was dismissed by the High Court.

In appeal, the Court noted that there is no evidence against the accused and thus the proceedings initiated against him on the basis of FIR would be untenable.

"We find that the evidence of the prosecutrix and the complainant before the Court shows that there is no allegation whatsoever against the appellant. The main allegation was against Vikram Roop Rai but the prosecutrix married him on 4.8.2013 and had given birth to two children out of that wedlock. In the absence of any allegation against the appellant, we find that the continuation of proceedings against him is nothing but an abuse of process of law.", the bench comprising Justices Hemant Gupta and S. Ravindra Bhat observed.

Case: Vishwas Bhandari Vs State Of Punjab [CRIMINAL APPEAL NO. 105 OF 2021]

Coram: Justices Hemant Gupta and S. Ravindra Bhat

Citation: LL 2021 SC 68

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