Court Rules FIR as Abuse of Process of Law in Case Involving Legally Wedded Couple
In a significant ruling, the Rajasthan High Court (Jaipur Bench) has quashed an FIR filed against Gajendra Mourya, accused of rape by his legally wedded wife. The judgment was delivered by Justice Anoop Kumar Dhand on March 30, 2026, in the case titled "Gajendra Mourya v. State of Rajasthan."
The court emphasized that under Exception 2 to Section 375 of the Indian Penal Code (IPC), sexual intercourse by a man with his wife, who is not a minor, does not constitute rape. This provision played a pivotal role in the court's decision to quash the FIR, which was filed two months post-marriage, alleging that the petitioner committed rape on the day of their marriage and subsequently.
The court observed that the complainant, aged over 18 years at the time of marriage, had voluntarily entered into the marriage with the petitioner, Gajendra Mourya. Despite the prosecutrix's allegations, the court found no prima facie case of rape, as she was a consenting adult.
The prosecutrix had also filed an application for annulment of the marriage under the Special Marriage Act, 1954, while the petitioner sought restitution of conjugal rights. Both applications were rejected by the Family Court, and appeals are pending before the High Court.
During the proceedings, the petitioner's counsel cited a Supreme Court ruling, "Pramod Suryabhan Pawar v. State of Maharashtra," reinforcing the position that intercourse with a legally wedded wife, who is not a minor, does not amount to rape.
The court noted that the FIR constituted an abuse of the legal process, particularly given the absence of objections during the marriage registration process and the subsequent change in stance by the prosecutrix. The judgment clarifies that the quashing of the FIR does not influence pending proceedings under the Special Marriage Act.
This ruling underscores the judicial interpretation of marital relations under IPC provisions, safeguarding the legal sanctity of marriage against misuse of criminal proceedings.
Bottom line:-
FIR alleging rape against a legally wedded husband quashed - Court observes that under Exception 2 to Section 375 IPC, sexual intercourse by a man with his wife (not being a minor) does not constitute rape - Filing of FIR in this case amounted to abuse of process of law.
Statutory provision(s): Indian Penal Code, 1860 - Sections 375, 376; Criminal Procedure Code, 1973; Special Marriage Act, 1954 - Sections 22, 25.
Gajendra Mourya v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2882777
