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Supreme Court of India 2021-02-03 allowed

VISHWAS BHANDARI vs STATE OF PUNJAB & ANR

Bench: 2 — Hemant Gupta, S. Ravindra Bhat

In Brief

The appellant was charged with kidnapping and abduction under IPC Sections 363 and 366-A after a young woman allegedly went missing. However, evidence at trial showed the woman had voluntarily gone with the main accused (a different person), married him with family consent on 4 August 2013, and had two children with him. The trial court acquitted the main accused due to lack of proof of the woman's minority. The Supreme Court held that since there was no allegation or evidence whatsoever against the appellant, continuing proceedings against him was an abuse of process. The Court allowed the appeal and quashed all proceedings and the FIR against the appellant.

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Criminal Procedure Kidnapping Abduction Abuse of Process Quashing of Proceedings Indian Penal Code

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