The Madhya Pradesh High Court has nullified an FIR lodged by a woman against her husband, alleging unnatural sexual conduct. The court's ruling was grounded on the premise that such acts do not constitute a legal offense within the context of marital relations.
"This court is of the considered opinion that after having come to the conclusion that the act of unnatural sex by a husband with his legally wedded wife residing with him is not an offence under Section 377 of IPC, no further deliberations are required as to whether FIR was lodged on the basis of frivolous allegations or not," a single bench of High Court comprising Justice GS Ahluwalia observed.
On Wednesday, the Madhya Pradesh High Court issued an order regarding the case, which was subsequently made available for public access on the court's website the following Thursday.
"Marital rape has not been recognized so far. Accordingly, an FIR in Crime No.377/2022 registered at Police Station Kotwali, Jabalpur, and criminal prosecution of the applicant (husband) is hereby quashed," the order stated.
The man petitioned the court to dismiss the FIR filed against him by his wife.
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