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

8th Feb,2021

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

Judicial charges have been quashed by the Supreme Court against a man accused of abducting a woman who later married the main defendant. In this case, in 2013, the girl's mother filed a complaint alleging that one of Vikram Roop Rai and the accused Vishwas Bhandari had abducted her daughter by entrapping her for marriage purposes. The girl later married Rai, who was acquitted by the Trial Court on the ground that no proof had been provided to show that the prosecutor's age at the alleged date of the abduction was less than 18 years. Vishwas Bhandari was not tried because during that time he had not absconded.
Following Rai's acquittal, Vishwas Bhandari moved the High Court seeking to quash the FIR and subsequent proceedings on the ground that neither the prosecutor nor the complainant, in respect of the abduction of the prosecutor, levelled an iota of the accusation against him. The high court dismissed this appeal. The Court of Appeal observed that no evidence existed against the accused and that the proceedings brought against him on the basis of the FIR would also be untenable. We find that the facts before the Court of the prosecutrix and the defendant indicates that there is no complaint against the appellant whatsoever. The key allegation was against Vikram Roop Rai, but on 4.8.2013 the prosecutrix married him and gave 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.