Indian Penal Code, 1860
Sections 376 & 506—Rape and criminal intimidation—Quashing of FIR declined by High Court—Appeal—Submission that appellant is legally wedded husband of third respondent and therefore no offence under Section 376 of IPC is made out against him since he is covered under Exception No. 2 appended to Section 375 of IPC—It is highlighted by the appellant that in the written statement filed by third respondent in the matter of restitution of conjugal rights she has no nowhere made any allegations pertaining to rape against appellant—It was established during the inquiry that victim had solemnized the marriage with the appellant out of her own free will—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 appellant—Conduct of second and third respondent in failing to enter appearance despite sufficient notice 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 appellant—No prima facie case constituting any offence is made out against appellant and he is entitled to the relief sought—Impugned order of High Court is set aside—Appeal allowed.
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