The Madhya Pradesh High Court has partially allowed a husband's petition seeking to quash an FIR for sexual abuse and dowry harassment, observing that 'consent in a marriage is legally immaterial.'
A bench of Justice Milind Ramesh Padke was hearing a plea seeking to quash an FIR filed for sections of cruelty, unnatural offences, voluntarily causing hurt, obscene acts and criminal intimidation.
The court observed that in the context of the exceptions provided under rape provisions, any sexual intercourse or sexual acts committed by a husband upon his adult wife do not constitute rape.
Padke said that even if the allegations of forced 'unnatural acts' made by the complainant accepted, they pertain to acts within marital relationship and therefore does not constitute crime.
The court further observed that 'in light of Exception 2 to Section 375 IPC, sexual intercourse or sexual acts by a husband with his wife (not being a minor) do not constitute rape.'
