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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Arun Kumar Singh Deshwal
Imran Khan @ Ashok Ratna – Appellant
Versus
State of U.P. – Respondent
Key Points: - The court held that marital status does not negate the possibility of non-consensual sexual acts being punishable under Section 377 IPC, affirming the individual rights of the wife to give or deny consent (!) (!) (!) . - The court rejected the argument that delay in lodging the FIR automatically invalidates the complaint, ruling that continuous harassment can justify lateness (!) (!) . - Refusal for medical examination does not invalidate the proceeding, as sufficient corroborating evidence exists to support allegations regardless of witness inconsistencies (!) (!) . - The court clarified that unnatural sexual acts performed by a husband on his wife against her wishes constitute an offence under Section 377 IPC, regardless of her age or marital status (!) (!) . - The applicant's request to quash the proceedings regarding allegations of dowry harassment and unnatural offences was rejected (!) (!) . - The court found that the specific demand of dowry is not necessary to attract the offence under Section 498A IPC, as cruelty committed by the husband is sufficient (!) (!) . - The court distinguished between consensual and non-consensual acts, stating that non-consensual carnal intercourse remains an offence even if consensual acts between adults are decriminalized (!) (!) (!) . - The judgment emphasized that a woman's fundamental right to dignity and privacy protects her choice regarding sexual orientation and consent (!) (!) (!) . - The court determined that no ground for quashing was made out, emphasizing the independent rights of the wife (!) (!) . - The applicant is at liberty to apply for bail before the court below, though the application to quash was rejected (!) (!) .
JUDGMENT :
Arun Kumar Singh Deshwal, J.
1. Heard Sri Sharique Ahmed, learned counsel for the applicant, Sri Manish Kumar Tripathi, learned counsel for opposite party no.2 and Sri Ramesh Kumar, learned A.G.A.for State.
2. The present application has been filed to quash the entire proceedings of Criminal Case No. 525 of 2023 ( State Vs. Imran Khan @ Ashok Ratna ), arising out of case crime no. 41 of 2023, under Sections 4 98-A, 323, 504, 506, 377 I.P.C. and 3/4 Dowry Prohibition Act, Police Station-Shivkuti, District-Prayagraj, pending in the court of learned Additional Chief Judicial Magistrate, Prayagraj, Aligarh, including the charge sheet dated 28.06.2023 and summoning/cognizance order dated 10.08.2023.
3. Facts giving rise to the controversy are that the opposite party No.2 has lodged an F.I.R. against the applicant on 23.02.2023 in case crime No. 41 of 2023 under Section 4 98-A, 323, 504, 506, 377 I.P.C. and 3/4 Dowry Prohibition Act. Police, after investigation, submitted charge-sheet against the applicant on 28.06.2023 under Section 4 98(a) , 323, 504, 506, 377 I.P.C. and 3/4 Dowry Prohibition Act, whereupon cognizance has also been taken by the learned Magistrate on 10.08.2023
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