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RAJESH KUMAR GUPTA
Shubham Mangal – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
(ORDER)
The instant petition has been filed under Section 482 of the Cr.P.C. for quashing/challenging the validity of the charge sheet No.656/2013 filed in relations to FIR registered at Crime No.971/2023 at Police Station Kotwali, District Morena for the offences punishable under Sections 498A, 376(2)(n), 377, 323, 294 of the IPC wherefore, the JMFC, Morena has taken cognizance of the offences vide order dated 25.11.2023 in RCT No. 2314/2023 and setting aside of all other consequential proceedings arising therewith qua the present petitioner in relation to the aforesaid crime number as well as case number.
2. The prosecution case in brief is that the petitioner Shubham Mangal and respondent no.2/prosecutrix entered into wedlock on dated 26.06.2022 wherein the parents of the respondent no.2 on their own volition & capacity gave rupees to the tune of Rs. 21 lakhs & 15 tola gold in marriage. After some days, the petitioner& respondent no.2 started quarrelling on trivial issues and it is alleged that petitioner used to exert violence on the private respondent No.2. It is further alleged that on dated 01.03.2023, when the petitioner went for a meeting to Indore accompanying re
Cruelty, rape and hurt – Forced unnatural sex by a husband on his wife amounts to cruelty under Section 498A IPC , but cannot be prosecuted as rape under Section 376 IPC.
The FIR was quashed as the allegations did not constitute an offence under IPC Sections 375 and 377 due to the marital relationship.
The court quashed criminal proceedings due to vague allegations and emphasized the need for specific claims in matrimonial disputes to prevent abuse of legal processes.
If a man and a woman indulged in anal sex with their free consent in private, no offence under Section 377 IPC is made out.
The court held that Sections 375 and 377 IPC do not apply to marital relationships, and a dying declaration must inspire full confidence and be corroborated to support a conviction.
The court established that allegations of sexual offences between spouses are governed by Section 375 and its exceptions, and that vague allegations do not suffice to constitute cruelty under Section....
The court quashed the FIR against the husband and family members, finding the allegations of dowry and unnatural acts to be false and motivated by the wife's desire to retaliate against divorce proce....
(1) Rape – If age of wife is not below 15 years then any sexual intercourse or sexual act by husband with his wife cannot be termed as rape.(2) If provisions of latter enactment are so inconsistent o....
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