The Supreme Court quashed FIR and further proceedings arising out of it on the ground that the victim and accused have now married each other.

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VISHWAS BHANDARI

 Versus

STATE OF PUNJAB & ANR.

CRIMINAL APPEAL NO.105 OF 2021 (ARISING OUT OF SLP(CRIMINAL) NO. 6289 OF 2020) Decided on February 03, 2021

JUDGESHEMANT GUPTA & S. RAVINDRA BHAT, JJ.

 

FACTS

The High Court of Punjab and Haryana dismissed the application under Section 482 CrPC for  quashing the FIR of the Appellants. The FIR was lodged against the Appellant and main accused in the present case under sections 363 and 366A IPC. The Appellants in the present case were found guilty of kidnapping the complainant’s eldest daughter, who was 17 ½ years of age by alluring her for the purpose of marriage. The complainant in her statement restrict her allegations in respect of main accused viz VikramRoop Rai and states that her daughter on August 04, 2013 married the main accused with the consent of their families and had given birth to two children out of there wedlock. Since the allegations against the Appellant were intacted inspite of the fact the main accused had married the victim therefore, he filed application for quashing of FIR.

ISSUE

Whether the High Court erred in not quashing the F.I.R. under Section 482 CrPC when the main accused had married the victim?

HELD

The Supreme Court held that since no evidence were found against the appellant, the proceedings initiated against him on the basis of FIR would be untenable as the main allegation was only against the main accused Vikram. Since, the appellant was not the main accused and there were no evidences found against him and apart from this fact, the main accused has married the victim and is living happily therefore the Supreme Court allowed the appeal and the order passed by the High Court was set aside and the FIR along with charge sheet was quashed. 

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