GG News Bureau
Bhopal, 4th May. The Madhya Pradesh High Court has stirred controversy by quashing an FIR against a man accused by his wife of engaging in unnatural sex, asserting that such acts within a marital relationship do not constitute rape under the law.
In a significant observation, the court deemed the act of unnatural sex between a husband and his legally wedded wife residing together as non-criminal under Section 377 of the Indian Penal Code (IPC). The single bench of the High Court, led by Justice GS Ahluwalia, issued the ruling, emphasizing that further deliberations on the frivolity of the allegations were unnecessary.
The court’s decision, rendered on Wednesday and subsequently made public on Thursday via the court’s website, stated, “Marital rape has not been recognized so far.” As a consequence, it quashed the FIR registered against the husband in Crime No.377/2022 at Police Station Kotwali, Jabalpur, and halted the criminal prosecution against him.
The case stemmed from a petition filed by the husband seeking the quashing of the FIR lodged by his wife. The court’s verdict has sparked debates regarding the recognition and legal implications of marital rape in India, a topic that remains contentious and largely unaddressed by the legal system.
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