Court Quashes FIR Alleging Rape Based on Marital Exception

In a recent legal development, the Punjab and Haryana High Court has quashed a First Information Report (FIR) and all consequential proceedings related to an alleged rape case. The decision was based on the finding that the prosecutrix had willingly married the accused, and the conduct of the complainant and the prosecutrix indicated that continuing the criminal proceedings would serve no purpose.

The case, CRM-M-No. 41161 of 2023, was brought before the High Court on August 22, 2023. The court’s decision to quash the FIR and all proceedings was based on several key legal and factual considerations.

The case primarily revolved around the interpretation of Section 375 of the Indian Penal Code (IPC), which defines the offence of rape. Specifically, the court examined Exception 2 under Section 375, which states that sexual intercourse by a man with his own wife, who is not under twelve years of age, is not rape. This exception is a crucial aspect of the legal framework governing marital rape in India.

During the inquiry, it was established that the prosecutrix had solemnized her marriage with the accused out of her own free will. This fact was pivotal in the court’s decision, as it directly aligned with the provisions of Exception 2 under Section 375 of the IPC. The court held that, under these circumstances, the sexual intercourse between the accused and the prosecutrix could not be termed as rape.

Furthermore, the court noted the conduct of the complainant and the prosecutrix. Despite receiving sufficient notice, they failed to enter an appearance in court. This conduct, according to the court, reflected the fact that the case had become a “dead case,” where continuing the criminal proceedings would serve no purpose.

Kuldeep Singh VS State Of Punjab

The court concluded that no prima facie case constituting any offence was made out against the accused. As a result, the FIR and all consequential proceedings were quashed. This decision underscores the importance of the legal exceptions provided under the IPC and highlights the court’s discretion in determining the viability of criminal proceedings based on the specific circumstances of each case.

The High Court’s decision in CRM-M-No. 41161 of 2023 serves as a reminder of the complex interplay between legal provisions and the factual matrix of individual cases. While the court’s ruling is specific to the facts presented, it also highlights the broader legal principles governing marital rape and the need for a nuanced approach to such sensitive issues.