VIKRAM NATH, PRASANNA B. VARALE
Kuldeep Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
VIKRAM NATH, J.
1. Leave granted.
2. The instant appeal has been preferred against the order dated 22.08.2023 passed by the High Court of Punjab and Haryana in CRM-M-No. 41161 of 2023 wherein the accused-appellant’s petition under Section 482 of the Criminal Procedure Code, 1973 [Cr.P.C.] seeking quashing of the FIR No. 148 dated 14.06.2022 under Section 366, 376 and 506 of Indian Penal Code, 1860 [IPC] was dismissed.
3. Brief facts of the matter are that Respondent No. 2 is the complainant and cousin of Respondent No. 3/victim and FIR No. 148 of 2022 was lodged by him stating that the victim who was working at National Insurance Company and was dropped at her office by the complainant on the morning of 13.06.2022. It was stated in the FIR that she had left her office at around 1.30 p.m. that afternoon and when she did not return, the complainant feared that she has been abducted by the appellant herein who was alleged to be harassing her for the past few days. Thus, the said FIR was lodged under Section 366 of IPC against the appellant.
4. Whereas, it was the case of the appellant that the appellant and Respondent No. 3 had married each other on 15.06.2022 as per Sikh rites an
A legally wedded husband cannot be charged with rape under IPC if the sexual intercourse is consensual, as per Exception 2 of Section 375 IPC.
A redundant criminal case cannot be allowed to continue.
Dowry offences – Criminal case cannot proceed on general and omnibus allegations.
The consent of a minor in a sexual offense case is irrelevant, and evidence produced by the accused in his defense cannot be considered at the initial stage of criminal proceedings.
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