Court Criticizes Investigative Bias and Misuse of Legal Process in Case Against Sunny Kashyap
In a significant judgment, the Jammu and Kashmir High Court has quashed the FIR and subsequent criminal proceedings against Sunny Kashyap, who was accused of kidnapping and sexual assault in a case stemming from an inter-religion marriage. The court found that the investigation was marred by bias and aimed at persecuting Kashyap rather than conducting a fair legal process.
Presiding over the case, Mr. Rahul Bharti, J., highlighted the investigative lapses, noting that the victim's age was misrepresented in the FIR by her father, and the police failed to consider the victim's admission of marriage and denial of any wrongdoing by Kashyap. The judgment emphasized the need for proactive judicial scrutiny to prevent frivolous or malicious prosecutions that abuse the legal process.
The case began when Abdul Majeed Shah filed an FIR alleging that his daughter, referred to as Miss X, was kidnapped by Kashyap. However, the court found that the victim's age was inaccurately reported as 16-17 years when she was actually 20, as confirmed by medical examination and her statements. Despite this, the police report omitted crucial facts, including the victim's marriage to Kashyap and her voluntary return to her parents, which were documented in prior court proceedings.
The court exercised its inherent powers under Section 482 of the Criminal Procedure Code, 1973, to quash the FIR and related proceedings, underscoring the importance of preventing the misuse of legal mechanisms for persecution. This judgment serves as a reminder of the judiciary's role in safeguarding justice and the integrity of legal processes.
Bottom Line:
Court quashed FIR and subsequent criminal proceedings against petitioner accused of inter-religion marriage, emphasizing investigative lapses and misuse of law to persecute.
Statutory provision(s): Section 482 of the Criminal Procedure Code, 1973
