Madhya Pradesh: ‘Unnatural relationship with wife is not a crime…’ High Court canceled the FIR registered against the husband

Madhya Pradesh High Court (Madhya Pradesh HC) canceled the FIR lodged against a man by his wife accusing him of having unnatural sex. While giving the verdict, the court said that this was not a legal offense because the woman was married to him.

A single bench of Justice GS Ahluwalia said that after coming to the conclusion that unnatural sexual intercourse by a husband with a legally wedded wife does not constitute an offense under Section 377 of the IPC, the court is of the opinion that it deserves further consideration. It is not necessary whether the FIR was filed on the basis of frivolous allegations or not.

This order was issued by Madhya Pradesh High Court on Wednesday and its information was uploaded on the website on Thursday. The order states, “Marital rape has not been recognized till now. Therefore, the FIR in Crime No. 377/2022 registered at Police Station Kotwali, Jabalpur and the criminal case against the applicant (husband) are quashed.

The accused man had filed a petition in the court to cancel the FIR registered against him on the complaint of his wife.