In Brief
The appellant was charged with kidnapping and abduction of a young woman under sections 363 and 366-A of the IPC. However, at trial, evidence showed that the prosecutrix willingly eloped with another man (not the appellant), married him with family consent, and had two children. The trial court acquitted the co-accused due to lack of proof of the prosecutrix's minority. The appellant petitioned the High Court to quash the proceedings, arguing no allegation was made against him. The Supreme Court held that where no evidence or allegation supports the case against the appellant, continuing proceedings amounts to abuse of process. The appeal was allowed and all proceedings were quashed."
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