VidhiSangh

Supreme Court of India · 31/01/2025

KULDEEP SINGH versus THE STATE OF PUNJAB & ORS.

[2025] 1 S.C.R. 1392 · 2025 INSC 137

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Summary

The Supreme Court quashed an FIR for rape and criminal intimidation against a man who had married the complainant-victim of her own free will, holding that Exception 2 to Section 375 IPC excluded the rape charge and that the victim's non-appearance showed no purpose in continuing the prosecution.

Issues

  1. Whether the High Court erred in refusing under Section 482 CrPC to quash an FIR under Sections 376 and 506 IPC against the appellant, who was found during investigation to have married the victim with her consent.
  2. Whether a charge of rape can be sustained against a husband in respect of sexual intercourse with his wife, given Exception 2 to Section 375 IPC.

Provisions considered

Held

Result

Appeal allowed; High Court order set aside; FIR No. 148 of 2022 at P.S. Model Town, Hoshiarpur and all consequential proceedings against the appellant quashed.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 1392.