Read Time: 11 minutes

Synopsis

Owing to martial rape exception, the Supreme Court on January 31, 2025, said no offence of rape can be made out against a man if it has been found upon inquiry, that prior to the alleged act, the victim had solemnised the marriage with him out of her own free will.

A bench of Justices Vikram Nath and Prasanna B Varale held no prima facie case was made out against appellant Kuldeep Singh while allowing his appeal against the Punjab and Haryana High Court's judgment which declined to quash the FIR lodged against him.

The court also agreed to his submission that as per Exception 2 under Section 375 of IPC, sexual intercourse by a man with his own wife cannot be termed as rape.

"It was established during the inquiry that the victim had solemnised the marriage with the appellant out of her own free will. In this regard, it has been rightly pointed out by the appellant that as per Exception 2 under Section 375 of IPC, sexual intercourse by a man with his own wife cannot be termed as rape and, hence, a charge under Section 376 of IPC cannot be sustained against the appellant," the bench said.

The bench also noted the conduct of the complainant and the victim in failing to enter appearance despite sufficient notice, saying "It is reflective of the fact that it is a dead case where no purpose shall be served in continuing the criminal proceedings alleging charges of rape against the appellant".

The FIR in the matter was lodged by the cousin of the victim, who contended he had dropped her off at her office on June 13, 2022, but the appellant allegedly kidnapped her.

The appellant, however, contended that he and the woman had married each other on June 15, 2022, as per Sikh rites and ceremonies against the wishes of her relatives. Hence, the said FIR had been lodged against him which deserves to be quashed.

He pointed out, post their marriage in view of the opposition by the family members of the woman, the couple had also filed a protection petition on June 16, 2022, before the high court seeking protection of their life and liberty. The said relief was granted by the high court on June 21, 2022.

However, the woman allegedly returned to her parental home on August 31, 2022, which also led the man to filing a petition under Section 9 of the Hindu Marriage Act, 1955 before the Family Court seeking restitution of conjugal rights with his legally wedded wife.

On September 01, 2022, the woman recorded a statement under section 164 of the CrPC, raising allegations of rape against the appellant. She also alleged that the marriage had been solemnised forcibly by the appellant and his mother and brother had also assisted him in the commission of said crimes. Accordingly, the names of brother and mother of the appellant were added to the FIR.

Subsequently, a Special Investigation Team (SIT) consisting of Superintendent of Police, Hoshiarpur, Deputy Superintendent of Police-Crime against Women and Children, Hoshiarpur and Deputy Superintendent of Police-Sub Division City Hoshiarpur conducted investigation in the matter and filed an inquiry report.

Following the inquiry report, the police filed the challan on July 01, 2023, under Section 173 of CrPC which stated that from the investigation conducted by SIT, allegations levelled by the victim against Kuldeep Singh regarding kidnapping and pressurising her for marriage had not been proved.

It was found that the victim had solemnised the marriage with the appellant with her own consent. It was also found that no role could be attributed to the mother or brother of the appellant and hence they were completely exonerated as no evidence could be collected against them. Only Sections 376 and 506 of IPC survived against the appellant.

The high court dismissed the appellant’s petition for quashing the proceedings, saying the matter required evaluation of evidence and adjudication by the trial court.

The appellant contended that he was the legally wedded husband of the woman and therefore no offence under Section 376 of IPC could be made out against him since he was covered under Exception No 2 appended to Section 375 of IPC.

He also brought to the court's notice the written statement of August 01, 2023, filed by the woman in the matter of restitution of conjugal rights and highlighted that she had nowhere made any allegations pertaining to rape against the appellant in the said statement.

Examining the materials, the bench noted the petition for providing protection was filed in the high court jointly by the appellant and the woman. Both had sought protection from the family members of the woman as she had married the appellant of her own free will and volition against the wishes of her family members.

"Moreover, it may also be noted that in the reply filed by the woman to the appellant’s petition for restitution of conjugal rights, she has not made any allegation of rape or marriage by force against the appellant," the bench said.

The woman and complainant- her cousin have not come forward to dispute or deny the facts, court highlighted.

"As such, given the facts and circumstances of the case, it is evident that no prima facie case constituting any offence is made out against the appellant and he is entitled to the relief sought," the bench said.

The top court thus set aside the high court's judgment, and quashed the FIR lodged on June 14, 2022, with the police station Model Town, Hoshiarpur, Punjab.

Case Title: Kuldeep Singh Vs The State of Punjab & Ors