VidhiSangh

Supreme Court of India · 03/02/2021

VISHWAS BHANDARI versus STATE OF PUNJAB & ANR.

[2021] 2 S.C.R. 59 · 2021 INSC 57

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Summary

The Supreme Court quashed criminal proceedings against an appellant named in an abduction FIR because the complainant’s and prosecutrix’s evidence made no allegation against him. The main accused had already been acquitted, and the High Court had refused the appellant’s quashing petition. Continuing proceedings without any evidence connecting this appellant to the alleged acts was an abuse of process. The relief rested on that evidentiary absence, rather than marriage itself eliminating an offence.

Issues

  1. Whether proceedings could continue against the appellant when the complainant’s and prosecutrix’s recorded evidence contained no allegation against him.

Provisions considered

Held

Result

Appeal allowed; the High Court order set aside and proceedings consequent to the FIR and charge sheet against the appellant quashed.

Judgment PDF: Supreme Court of India, [2021] 2 S.C.R. 59.