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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PREM NARAYAN SINGH
Shashank Harsh, S/o. Vinay Kumar Harsh – Appellant
Versus
State Of Madhya Pradesh Station House Officer Through Police Station Shamgarh Thana District Mandsaur (Madhya Pradesh) – Respondent
| Table of Content |
|---|
| 1. arguments and counterarguments presented. (Para 4 , 5 , 6 , 7) |
| 2. court's analysis of the law regarding consent. (Para 8 , 10 , 11 , 12 , 13 , 14) |
| 3. court's findings on the charges filed. (Para 15 , 16 , 17 , 18 , 19) |
| 4. final resolution of the petition. (Para 20 , 21 , 22) |
ORDER :
PREM NARAYAN SINGH, J.
Heard finally, with the consent of the parties.
2 . This petition under Section 482 of Cr.P.C. is preferred by the petitioners for quashment of the FIR bearing Crime No.407/2023, dated 24.08.2023, registered at Police Station-Shyamgarh, District - Mandsaur, under Sections 377 , 498-A, 294, 506 of IPC, 1860 and the consequential proceedings.
3 . As per the prosecution story, on 23.08.2023, complainant gave a written complaint stating that the marriage of the petitioner no.1. was solemnized with her on 09.12.2021 in the Court at Nainital. After marriage she started residing at her matrimonial house and discharging her duties as a daughter-in- law. Further allegation is that petitioner no.1 has committed unnatural sex with the complainant on 09.01.2022 due to which she got mouth infection and was under treatment. The complainant was compelled to abort her pregnancy by the
Marital relations exempt the application of Section 377 IPC; allegations pertaining to violence or dowry warrant serious scrutiny, supporting charges under Section 498-A IPC.
The FIR was quashed as the allegations did not constitute an offence under IPC Sections 375 and 377 due to the marital relationship.
A husband cannot be prosecuted under Section 377 IPC for consensual acts with his wife, but charges under the POCSO Act may apply based on the nature of the allegations.
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.
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 quashed criminal proceedings due to vague allegations and emphasized the need for specific claims in matrimonial disputes to prevent abuse of legal processes.
(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....
The main legal point established in the judgment is the application of legal provisions related to marital cruelty, unnatural intercourse, and the burden of proof in cases of allegations of false all....
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