Marital rape has not been recognized so far, the court said (Representational)
The Madhya Pradesh High Court quashed an FIR against a man filed by his wife accusing him of having unnatural sex with the observation that it was not an offence in law as she was married to him.
"This court is of the considered opinion that after having come to a conclusion that the act of unnatural sex by a husband with his legally wedded wife residing with him is not an offence under Section 377 of IPC, no further deliberations are required as to whether FIR was lodged on the basis of frivolous allegations or not," a single bench of HC comprising Justice GS Ahluwalia observed.
The order was issued on Wednesday and its details were uploaded on the court's website on Thursday.
"Marital rape has not been recognized so far. Accordingly, an FIR in Crime No.377/2022 registered at Police Station Kotwali, Jabalpur, and criminal prosecution of the applicant (husband) is hereby quashed," the order stated.
The man filed a petition in court to quash the FIR lodged against him on the complaint of his wife.
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