Rajasthan High Court Sets Aside Rape FIR Against Husband, Terms It Abuse of Process
Background of the Case
The Jaipur Bench of the Rajasthan High Court in XXXX v. State of Rajasthan & Anr (S.B. Criminal Miscellaneous (Petition) No. 4245/2021), decided on 30.03.2026, examined the legality of an F.I.R. registered at Police Station Harmada, District Jaipur City (West). The F.I.R. alleged commission of offences under Sections 376, 384, 420 and 120B of the Indian Penal Code by a husband.
The Court was called upon to decide whether criminal proceedings alleging rape and other offences could continue when the complainant was the legally wedded wife of the accused, having attained majority at the time of marriage and having gone through a formal marriage under the Special Marriage Act, 1954.
The Single Judge Bench of Hon’ble Mr Justice Anoop Kumar Dhand ultimately quashed the F.I.R., holding that continuation of the criminal case would constitute a serious misuse of the criminal justice machinery.
Petition for Quashing of FIR
The criminal miscellaneous petition sought quashing of F.I.R. No.281/2021 registered for offences punishable under Sections 376, 384, 420 and 120B IPC. The core contention was that the complainant (prosecutrix) was not a victim of rape but the legally wedded wife of the petitioner, and that the allegations were an afterthought following a consensual inter-caste marriage.
Counsel for the petitioner highlighted that the prosecutrix, referred to as “SK”, was a major at the relevant time. Her date of birth was 11.09.2002, and she had herself participated in matrimonial proceedings under the Special Marriage Act, 1954.
Facts Relating to the Marriage
Application under Special Marriage Act, 1954
The record before the High Court showed that:
- The petitioner and the prosecutrix jointly approached the Marriage Officer/A.D.M. (IV), Jaipur, District Jaipur on 10.03.2021 with an application under Section 5 of the Special Marriage Act, 1954 expressing their intention to marry.
- At that time, the prosecutrix was above 18 years of age (approximately 18 years and 5 months).
- In accordance with the statutory scheme under the Act of 1954, the Marriage Officer issued a one-month public notice to invite objections from concerned parties, including families of both sides.
No objections were raised by any person during the notice period. After expiry of 30 days, the couple re-appeared before the Marriage Officer along with three witnesses. Their affidavits and statements were recorded.
Solemnization and Certificate of Marriage
Upon being satisfied that statutory requirements were met and that the parties were competent to marry, the Marriage Officer:
- Solemnized the marriage on 12.04.2021.
- Issued a Marriage Certificate on the same date.
- Recorded the presence and supporting affidavits of three witnesses.
Photographs of the ceremony placed on record indicated that the marriage was performed with mutual consent. The prosecution later did not dispute the occurrence of the marriage initially; however, at a later stage the complainant attempted to question it.
Subsequent Family Court Proceedings
Applications under the Special Marriage Act
Following matrimonial discord, both spouses approached the Family Court No.1, Jaipur Metropolitan-I, Jaipur:
- The husband moved an application under Section 22 of the Special Marriage Act, 1954 seeking restitution of conjugal rights.
- The prosecutrix filed an application under Section 25 of the same Act praying for annulment of the marriage.
These applications were heard together. By order dated 15.07.2025, the Judge, Family Court No.1, Jaipur Metropolitan-I, Jaipur rejected both applications.