Case Note & Summary
The Supreme Court allowed the appeal filed by Kuldeep Singh against the order of the Punjab and Haryana High Court dismissing his petition under Section 482 CrPC for quashing FIR No. 148 of 2022. The FIR was originally lodged under Sections 366, 376, and 506 IPC by the complainant (Respondent No. 2), alleging that the appellant had abducted and raped the victim (Respondent No. 3). The appellant contended that he and the victim had married each other on 15.06.2022 as per Sikh rites against the wishes of her family. They had jointly filed a protection petition before the High Court, which was granted. The victim later returned to her parental home and recorded a statement under Section 164 CrPC alleging rape. However, the SIT investigation found that the marriage was consensual and exonerated the appellant's family members. The chargesheet only retained Sections 376 and 506 IPC against the appellant. The appellant argued that Exception 2 to Section 375 IPC protects a husband from rape charges for sexual intercourse with his own wife. The victim and complainant did not appear before the Supreme Court despite service. The Court noted that the victim's written statement in the restitution of conjugal rights case did not allege rape. The Court held that no prima facie case was made out and quashed the FIR and all consequential proceedings.
Headnote
A) Criminal Law - Quashing of FIR - Marital Rape Exception - Exception 2 to Section 375 IPC - Where the victim married the appellant of her own free will and the marriage is valid, sexual intercourse by a man with his own wife cannot be termed as rape under Section 376 IPC. The court quashed the FIR and all consequential proceedings as no prima facie case was made out. (Paras 12-17) B) Criminal Procedure Code - Section 482 - Quashing of Criminal Proceedings - Inherent Powers - The High Court's dismissal of the quashing petition was set aside as the facts clearly showed the marriage was consensual and the victim did not contest the appeal. The Supreme Court held that continuing proceedings would be an abuse of process. (Paras 8, 16-17)
Issue of Consideration
Whether the FIR and criminal proceedings under Sections 376 and 506 IPC against the appellant-husband should be quashed given the marital relationship and absence of prima facie case.
Final Decision
Appeal allowed. Impugned order of the High Court set aside. FIR No. 148 of 2022 and all consequential proceedings quashed.
Law Points
- Marital rape exception
- Exception 2 to Section 375 IPC
- Quashing of FIR under Section 482 CrPC
- Consensual marriage
- No prima facie case
