Supreme Court Quashes FIR Alleging Rape Where Marriage Is Found to Be by Consent

A bench of Justices Vikram Nath and Prasanna B. Varale heard an appeal challenging the Punjab and Haryana High Court’s order dated 22.08.2023 which had dismissed an application under Section 482 Cr.P.C. seeking quashing of FIR No. 148 dated 14.06.2022 registered for offences under Sections 366, 376 and 506 IPC. The appeal arose from SLP(Crl.) No.13277 of 2023 and concerned whether criminal proceedings for rape could be sustained where the complainant-victim had solemnised marriage with the accused.

The Court allowed the appeal, set aside the High Court order and quashed FIR No. 148 of 2022 and all consequential proceedings. The bench observed that after investigation the charge of abduction under Section 366 had been deleted and that the case as framed survived only to the extent of Sections 376 and 506 IPC; further, the inquiry by the Special Investigation Team had recorded that the alleged victim had solemnised marriage with the appellant "out of her own free will." The Court, in its reasoning, observed: "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 Court also noted the applicability of Exception 2 to Section 375 IPC and that the complainant and the victim had failed to appear before the Supreme Court despite service of notice.

Background The FIR was lodged on 14.06.2022 by a relative of the victim who alleged that the appellant had abducted and was harassing the victim who worked at National Insurance Company. The appellant contended that he and the victim had married as per Sikh rites on 15.06.2022 of their own volition, and that the FIR had been lodged in retaliation by her family. Following the marriage, the couple obtained protection from the Punjab & Haryana High Court on 21.06.2022 and the appellant later filed a petition for restitution of conjugal rights when the wife returned to her parental home.

On 01.09.2022 the victim recorded a Section 164 Cr.P.C. statement alleging rape and forcible marriage and implicated the appellant’s mother and brother; the police added further offences in the FIR. A Special Investigation Team conducted inquiry and filed a chargesheet under Section 173 Cr.P.C. on 01.07.2023 deleting Section 366 as allegations of kidnapping and coercion for marriage were not proved and exonerating the appellant’s relatives. The chargesheet retained Sections 376 and 506 against the appellant.

The appellant’s Section 482 petition before the High Court was dismissed on the basis that evaluation of evidence was required at trial. The Supreme Court noted that the victim had earlier jointly sought protection with the appellant and that in replies to the restitution petition she had not alleged rape. The bench expressly recorded 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 found that on the material on record no prima facie case for the offence of rape existed. The Court observed the absence of the complainant and the victim before it and held that continuing prosecution would serve no purpose.

Final result: the appeal was allowed, the High Court order was set aside and FIR No. 148 of 2022 registered at P.S. Model Town, Hoshiarpur, Punjab and all consequential proceedings were quashed. Pending applications stood disposed of; no interim directions were issued beyond that disposition.

Case Details: Case No.: 2025 INSC 137 (Arising out of SLP(Crl.) No.13277 of 2023) Case Title: Kuldeep Singh v. The State of Punjab & Ors. Appearances: For the Petitioner(s): Counsel for the appellant (name not specified in judgment) For the Respondent(s): Counsel for the State (name not specified in judgment)