False Abduction Allegation Quashed: Supreme Court Ends 8-Year-Long Legal Battle
The Supreme Court of India has delivered a crucial judgment in the case of Vishwas Bhandari vs. State of Punjab & Anr., quashing an eight-year-old criminal case of abduction. The ruling highlights the importance of evidence in criminal proceedings and protects individuals from being subjected to baseless legal harassment.
The case stemmed from an FIR registered in 2013, in which the complainant, Rashmi Adhen, accused the appellant, Vishwas Bhandari, of assisting in the abduction of her daughter. However, after years of legal proceedings, it became clear that there was no evidence linking Bhandari to the alleged crime. The Supreme Court ultimately ruled that continuing the case against him would be an abuse of the legal process.
Case Background
The FIR and Allegations
On January 27, 2013, Rashmi Adhen lodged an FIR (No. 31) at a police station in Punjab, alleging that her 17-and-a-half-year-old daughter had been abducted on January 23, 2013 while she and her husband were away from home. The complaint named Vikram Roop Rai as the main accused and also implicated Vishwas Bhandari for allegedly aiding the abduction.
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Police Investigation and Trial Court Proceedings
After investigating the case, the police filed a report under Section 173 of the Code of Criminal Procedure, formally charging Vikram Roop Rai. Proceedings to declare Vishwas Bhandari a proclaimed offender were also initiated.
During the trial, the prosecution presented key testimonies, including those of the complainant and her daughter (the prosecutrix). However, their statements undermined the allegations against Bhandari.
Key Witness Testimonies
Complainant’s Statement
During cross-examination, the complainant admitted:
“My daughter has solemnized marriage with accused Vikram on 4 August 2013. Both families solemnized the said marriage at Gurudwara Sahib of Khera Road, Phagwara. I attended the marriage. We prepared CDs and also clicked photos. Thereafter, lunch was served at Poonam Hotel, Phagwara. After marriage, my daughter and accused Vikram stayed with us.”
Prosecutrix’s Statement
The prosecutrix testified:
“Vikram Roop Rai took me on the promise that he would marry me. He took me to his parents’ house and kept me there until I turned 18. On 24.07.2013, he called my parents, and it was decided that we would get married. Subsequently, I married him on 04.08.2013.”
Trial Court Judgment
On August 13, 2013, the Additional Sessions Judge acquitted Vikram Roop Rai, ruling:
- There was no clear evidence of abduction.
- The prosecutrix willingly left her home and married Vikram with the consent of both families.
- There was no birth certificate produced to confirm that the prosecutrix was a minor.
The court stated:
“Even if it is presumed that the prosecutrix was minor, merely leaving her parents’ home does not automatically imply abduction by the accused.”
High Court Proceedings
After Vikram Roop Rai’s acquittal, Vishwas Bhandari moved the Punjab and Haryana High Court under Section 482 of the Criminal Procedure Code, seeking to quash the FIR and subsequent proceedings against him.
However, on October 16, 2020, the High Court dismissed his plea, ruling that legal proceedings should continue despite the lack of specific allegations against him.
Supreme Court Judgment
Vishwas Bhandari then appealed to the Supreme Court, arguing that:
- There was no evidence against him in the prosecution’s case.
- Neither the complainant nor the prosecutrix had named him as being involved in the alleged abduction.
- His prosecution amounted to an abuse of process and should be quashed.
The Supreme Court bench, comprising Hemant Gupta and S. Ravindra Bhat, found merit in the appeal and ruled:
“We find that the evidence of the prosecutrix and the complainant before the Court shows that there is no allegation whatsoever against the appellant. The main allegation was against Vikram Roop Rai, but the prosecutrix married him and had two children with him. 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.”
Final Order
- The Supreme Court set aside the High Court’s order.
- All criminal proceedings against Vishwas Bhandari, including the FIR (No. 31 of 2013), were quashed.
Key Takeaways from the Judgment
- Evidence is paramount: A case cannot proceed in the absence of direct allegations and evidence.
- Protection from false cases: The ruling reinforces that individuals cannot be dragged into criminal proceedings without substantial proof.
- High Court rulings can be challenged: If a lower court allows a case to continue despite lack of evidence, the Supreme Court can intervene.
- Abuse of legal process: The judgment highlights the importance of preventing misuse of the criminal justice system.
Conclusion
The Supreme Court’s decision in Vishwas Bhandari vs. State of Punjab is a landmark ruling in safeguarding individuals from unwarranted legal action. The judgment underscores the principle that criminal cases must be built on solid evidence and cannot be allowed to continue merely on the basis of suspicion.
This ruling reaffirms the judicial system’s commitment to ensuring that legal proceedings are fair and just, protecting individuals from unnecessary harassment while upholding the integrity of the law.
Petitioner Name: Vishwas Bhandari.Respondent Name: State of Punjab & Anr..Judgment By: Justice Hemant Gupta, Justice S. Ravindra Bhat.Place Of Incident: Punjab, India.Judgment Date: 03-02-2021.
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