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
- 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.
- 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
- Section 375, Exception 2, Indian Penal Code, 1860Read as providing that sexual intercourse by a man with his own wife is not rape; since the investigation found the victim had married the appellant voluntarily, the Court held a charge under Section 376 could not be sustained against him. (¶¶ 12, 15)
- Sections 376 and 506, Indian Penal Code, 1860The only offences surviving in the chargesheet after Section 366 was dropped; the Court found no prima facie case under them against the appellant. (¶¶ 7, 14, 15, 16)
- Section 482, Code of Criminal Procedure, 1973The appellant's petition to quash the FIR, dismissed by the High Court as needing trial, was allowed in appeal and the FIR and consequential proceedings were quashed. (¶¶ 2, 8, 16, 17)
Held
- The record showed the appellant and the victim had married by consent: they jointly sought and obtained protection from the High Court against her family, the SIT found she married of her own free will (leading to deletion of Section 366 IPC), and in her reply to the appellant's restitution petition she made no allegation of rape or forced marriage. (¶¶ 7, 13, 14)
- Under Exception 2 to Section 375 IPC, sexual intercourse by a man with his own wife is not rape, so a charge under Section 376 IPC could not be sustained against the appellant. (¶ 15)
- The failure of the complainant and the victim to appear despite service of notice indicated a dead case in which continuing the criminal proceedings would serve no purpose; no prima facie offence was made out and the FIR was liable to be quashed. (¶¶ 10, 15, 16)
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.