In Brief
The Supreme Court set aside a High Court order dismissing a petition to quash an FIR for kidnapping and rape filed against a man. The FIR was registered after the alleged victim did not return home on 13 June 2022. However, it emerged that she had voluntarily married the appellant on 15 June 2022 in accordance with Sikh customs, against her family's wishes. During investigation, it was confirmed the marriage was consensual and allegations of abduction were unfounded. The Court held that since the victim married the appellant voluntarily, and a husband is protected from rape charges under the IPC marital exception, no charge could be sustained. The victim's failure to enter appearance and her silence on rape in family court proceedings further supported quashing the FIR."
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