NEW DELHI: The Supreme Court has quashed an FIR lodged against a man by his wife, relying upon the exception of marital rape in penal law.
A bench of Justices Vikram Nath and Prasanna B Varale found no prima facie case against appellant Kuldeep Singh. The court also noted the woman and her cousin who filed the FIR, did not come forward to present their version, despite service of the notice.
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The court allowed his appeal against the Punjab and Haryana High Court's judgment which declined to quash the FIR lodged on June 14, 2022 by the victim's cousin.
The bench also noted, "It was established during the inquiry that the victim had solemnised the marriage with the appellant out of her own free will."
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The bench also pointed out, it has been rightly pointed out by the appellant that as per Exception 2 under Section 375 of IPC, sexual intercourse by a man with his own wife cannot be termed as rape.
Hence, a charge under Section 376 of IPC cannot be sustained against the appellant, the court said.
Referring to the conduct of the complainant and the victim in failing to enter appearance despite sufficient notice, the bench said, "This is reflective of the fact that it is a dead case where no purpose shall be served in continuing the criminal proceedings alleging charges of rape against the appellant."
The court also found that in the reply filed by the victim to the appellant’s petition for restitution of conjugal rights, she has not made any allegation of rape or marriage by force against the appellant.
In his submission, the appellant said that he and the woman had married with each other on June 15, 2022 as per Sikh rites and ceremonies against the wishes of her relatives.
Following the marriage, in view of the opposition by the family members of the victim, the couple also filed a protection petition on June 16, 2022 before the High Court, which allowed their plea to secure their life and liberty, on June 21, 2022.
Within months, however, the victim came back to her parental home on August 31, 2022. The appellant claimed the victim's refusal to join him, forced him to file a petition under Section 9 of the Hindu Marriage Act, 1955 before the family court seeking restitution of conjugal rights with his legally wedded wife.
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On September 01, 2022, the woman recorded her statement, raising allegations of rape against the appellant. She claimed that the marriage has been solemnised forcibly by the appellant and his mother and brother.
Upon the registration of the FIR, an SIT probe led by Superintendent of Police, Hoshiarpur concluded that the marriage was solemnised by the victim out of her free will. The inquiry also gave clean to the appellant's mother and brother. The police, however, filed the charge sheet against him under Section 376 IPC.
Having noted the facts and circumstances of the case, the bench said, it is evident that no prima facie case constituting any offence is made out against the appellant and he is entitled to the relief sought.
