AIROnline 2025 SC 53

Supreme Court Of India

(From : Punjab And Haryana)*

Hon'ble Judge(s): Vikram Nath, Prasanna B. Varale , JJ

Criminal P.C. (2 of 1974) , S.482— Penal Code (45 of 1860) , S.375 Excp.2, S.376— Quashing of FIR and proceedings - Offence of rape - It was established during inquiry that prosecutrix had solemnised marriage with accused out of her own free will - As per Exception 2 under S.375 of IPC, sexual intercourse by a man with his own wife cannot be termed as rape - Also, conduct of complainant and prosecutrix in failing to enter appearance despite sufficient notice was reflective of fact that it was dead case where no purpose shall be served in continuing criminal proceedings alleging charges of rape against accused - No prima facie case constituting any offence was made out against accused - FIR and all consequential proceedings were quashed. CRM-M-No. 41161 of 2023, D/-22.8.2023 (P and H)-Reversed (Para 14 15 16 17) .....