Code of Criminal Procedure, 1973: s.482 – Complaint filed under ss.363 and 366-A IPC against one ‘V’ and the appellant that the two accused had kidnapped her daughter by alluring her for the purpose of marriage – In the proceedings before the court, the complainant appeared and recorded statement restricting her allegations in respect of ‘V’ only while prosecutrix deposed that accused ‘V’ had married her and she has two children with him – Trial court acquitted ‘V’ – Appellant invoked the jurisdiction of High Court for quashing of the FIR and subsequent proceedings, inter alia, on the ground that neither the prosecutrix nor the complainant levelled an iota of allegation against him in respect of abduction of the prosecutrix – High Court dismissed the petition – On appeal, held: The evidence of the prosecutrix and the complainant before the Court showed that there was no allegation whatsoever against the appellant – Main allegation was against ‘V’ but the prosecutrix married him and gave birth to two children out of that wedlock – Thus, in the absence of any allegation and evidence against the appellant, the continuation of proceedings against him was nothing but an abuse of process of law – Proceedings against him are quashed.
Allowing the appeal, the Court
HELD: 1. The main allegation was against ‘V” 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, the continuation of proceedings against him is nothing but an abuse of process of law. Since there is no evidence against the appellant, the proceedings initiated against him on the basis of FIR would be untenable. The High Court was, thus, not justified in dismissing the petition against the appellant. [Paras 9, 10][62-C-D]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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