Quashing of Proceedings Based on Lack of Evidence

In a recent legal case, the court delved into the lack of evidence against the appellant and quashed the proceedings based on this crucial factor. The court’s analysis focused on the absence of allegations and evidence implicating the appellant, highlighting the potential abuse of the legal process if the proceedings were to continue. This decision sheds light on the importance of thorough legal scrutiny and the safeguarding of individuals against unfounded allegations.


  • Proceedings for declaring the appellant as a proclaimed offender were initiated.
  • Complainant appeared and recorded her statement, restricting allegations to Vikram Roop Rai only.
  • Accused Vikram Roop Rai promised to marry the complainant but allegedly kidnapped her daughter for marriage.
  • Appellant sought quashing of FIR and proceedings, as no allegations of abduction were made against him.
  • Prosecutrix married Vikram Roop Rai and had two children with him.
  • Report under Section 173 filed against Vikram Roop Rai after investigation.
  • Challenge in the appeal is against the High Court’s order dated 16.10.2020 dismissing appellant’s petition under Section 482 of CrPC.
  • Prosecutrix appeared in court for cross-examination.
  • FIR No. 31 dated 27.1.2013 lodged for offences under Sections 363 and 366-A of IPC.
  • Neither the complainant nor the prosecutrix disclosed the exact date of birth.
  • No birth certificate was produced to show that the age of the prosecutrix was less than 18 years on the alleged date of occurrence of abduction.
  • The accused Vikram Roop Rai was acquitted based on these findings.

Also Read: Critical Analysis of Circumstantial Evidence in Arson Case


  • Main allegation against Vikram Roop Rai
  • The prosecutrix married Vikram Roop Rai and had two children with him
  • No evidence against the appellant
  • Continuation of proceedings against the appellant would be an abuse of process of law
  • No allegation against the appellant as per the evidence of the prosecutrix and complainant
  • The marriage was with the consent of their families
  • Counsel for the parties have been heard
  • Appellant has no allegations against him
  • Continuation of proceedings is an abuse of process of law
  • No evidence against the appellant
  • Proceedings based on FIR are untenable
  • High Court was not justified in dismissing the petition against the appellant

Also Read: Analysis of Commencement Date in Gratuity Act Amendment Case


  • Present appeal allowed
  • High Court order set aside
  • Proceedings consequent to FIR No 31 of 2013 and charge sheet stand quashed

Also Read: Interpretation of Will and Hindu Succession Act: Legal Analysis


Case Number: Crl.A. No.-000105-000105 / 2021

Click here to read/download original judgement

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