MP High Court: Unnatural Sex With Wife Is Not An Offence

Bhopal (Madhya Pradesh): Quashing the FIR, the High Court’s principal bench of Jabalpur, said that act of unnatural sex by a husband with his legally married wife residing with him is not an offence under section 377 of the IPC. Justice GS Ahluwalia passed the order. 

Even if entire allegations made by wife of the accused against the applicant are considered on their face value, still no offence under Section 377 of the IPC would be made. Accordingly, the FIR registered at police station Kotwali Jabalpur and criminal prosecution of the applicant, is hereby quashed. 

According to the HC order, since wife did not make the allegation of unnatural sex on the first occasion, clearly falsifies allegations made in the second FIR and they are afterthought in nature is concerned, this Court is of considered opinion that after having come to a conclusion that the act of unnatural sex by a husband with his legally married wife residing with him is not an offence under Section 377 of the IPC, no further deliberations are required as to whether the FIR was lodged on the basis of frivolous allegations or not. 

FIR lodged around 2 yrs back

The wife had lodged the FIR against the applicant (husband) on August 24, 2022 at Police Station Kotwali, District Narsinghpur for offence under sections 377, 506 of the IPC. The said FIR was registered at '0' and was transferred to Police Station Kotwali Jabalpur, district Jabalpur. It was alleged that she got married on May 18, 2019 and as they are not blessed with any child, she was being harassed by her in-laws physically and mentally on account of non-fulfilment of demand of dowry and accordingly, from February 14, 2020 she is residing in her father's house and accordingly, she has lodged a report for cruelty. 

It was further alleged that after the applicant had committed unnatural sex with her and thereafter on multiple occasions and extended a threat that in case if information in this regard is given to anybody, then he would divorce her. Just in order to keep her self-respect intact, she continuously tolerated the unnatural act of her husband and did not make the aforesaid allegations in her first report.