Jabalpur:
The Madhya Pradesh High Court has quashed an FIR against a man filed by his wife accusing him of unnatural sex, saying it was not a criminal offense as she was married to him.
“This court is of the opinion that having concluded that the act of unnatural sex by a husband with his lawfully wedded wife living with him is not an offense punishable under Section 377 of the IPC, there is no further deliberation are necessary on whether FIR was filed on 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 until now. Accordingly, an FIR in Crime No. 377/2022 is registered at Kotwali Police Station, Jabalpur and the criminal charges against the applicant (husband) are hereby quashed,” the order said.
The husband filed a petition in the court to quash the FIR lodged against him on the basis of his wife's complaint.
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