VISHWAS BHANDARI versus STATE OF PUNJAB & ANR.

VISHWAS BHANDARI versus STATE OF PUNJAB & ANR.

In absence of any allegation or evidence against the appellant, continuation of proceedings against him was an abuse of process; therefore the High Court was not justified in dismissing the petition and the proceedings consequent to FIR No.31 of 2013 and the charge sheet were quashed.

Parties
Appellant: Vishwas Bhandari; Respondent: State of Punjab; Accused: Vikram Roop Rai; Complainant: Rashmi Adhen
Jurisdiction
India
Judgment Date
03 February 2021
Procedural Posture
Criminal Appeal / Appeal From High Court Order Dismissing Section 482 Petition
Outcome
Appeal allowed; order of the High Court set aside; proceedings consequent to FIR No.31 of 2013 and charge sheet quashed.
Legal Topics
Section 482 Cr PC, Sections 363 and 366 a IPC, Quashing of FIR, Proclaimed Offender Proceedings
Criminal Procedure Code Indian Penal Code Criminal Law Evidence Abuse of Process Section 482 Cr PC Sections 363 and 366 a IPC Quashing of FIR +1 more

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Parties

Vishwas Bhandari

Appellant

State of Punjab

Respondent

Vikram Roop Rai

Accused

Rashmi Adhen

Complainant

Procedural Posture

Criminal Appeal / Appeal From High Court Order Dismissing Section 482 Petition

Legal Issues

  1. 1 Whether proceedings against the appellant should be quashed in absence of any allegation or evidence against him
  2. 2 Whether continuation of proceedings amounts to abuse of process of law
  3. 3 Whether acquittal of the main accused and facts of marriage and children affect continuation of proceedings against the appellant

Ratio Decidendi

In absence of any allegation or evidence against the appellant, continuation of proceedings against him was an abuse of process; therefore the High Court was not justified in dismissing the petition and the proceedings consequent to FIR No.31 of 2013 and the charge sheet were quashed.

Court Disposition

Appeal allowed; order of the High Court set aside; proceedings consequent to FIR No.31 of 2013 and charge sheet quashed.

Orders

  • Order passed by the High Court is set aside.
  • The entire proceedings consequent to FIR No.31 of 2013 and charge sheet stand quashed.