Can a wife accuse her husband of using drugs, black magic and rape after four years of marriage and the birth of their child? The Rajasthan High Court found the allegations legally unsustainable and called the FIR an abuse of the legal process.
RAJASTHAN: The Rajasthan High Court has quashed an FIR filed by a woman against her husband alleging that he used drugs, medicines and black magic to make her marry him and later committed rape. The Court held that allowing such criminal proceedings to continue would amount to an abuse of the process of law.
Justice Anoop Kumar Dhand observed that the complaint was filed nearly four years after the marriage and one year after the birth of their daughter, with only vague and unsupported allegations.
The woman, who was previously divorced, had entered into a second inter-faith marriage with the petitioner under the Special Marriage Act. Soon after the marriage, the couple had approached the Court seeking protection for their life and liberty due to perceived threats. During the marriage, they also had a daughter.
Several years later, the woman lodged an FIR alleging that she had been forced into the marriage through drugs, medicines and black magic. She also accused her husband of rape.
The husband approached the High Court seeking quashing of the FIR. He argued that the allegations were fabricated and that, as the legally wedded husband, the offence of rape could not be made out because of Exception 2 to Section 375 of the Indian Penal Code, which was applicable at the relevant time.
The State opposed the petition and argued that the husband had allegedly used black magic to get the woman’s first marriage dissolved before marrying her against her wishes. It also submitted that the police had found a prima facie case and that charges had already been framed under the IPC and the Rajasthan Prevention of Witch Hunting Act, 2015.
After examining the record, the High Court found that the allegations did not disclose the offences alleged.
The Court observed:
“…the petitioner is the legally wedded husband of the victim. The offence punishable under Section 376 is not made out, as he is covered under Exception 2 appended to Section 375 IPC. So far as the rest of the offences are concerned, the same are also not made out prima facie against the petitioner.”
The Court also noted the long delay in filing the complaint and the sequence of events.
It observed:
“…it appears that subsequently the prosecutrix has changed her mind and lodged the instant FIR after a lapse of around three years since her marriage and after one year of birth of the girl child, wherein multiple allegations including allegation of rape have been levelled against the petitioner.”
Considering the overall facts, the High Court concluded that the criminal proceedings could not be allowed to continue.
It held that the FIR was an abuse of the process of law and quashed all proceedings against the husband.
EXPLANATORY TABLE OF LAWS AND SECTION
| Law / Section | Meaning | Application in This Case |
| Section 375 IPC | Defines the offence of rape. | The Court examined whether the allegation of rape was legally maintainable. |
| Exception 2 to Section 375 IPC | At the relevant time, sexual intercourse by a husband with his legally wedded wife (subject to the statutory age provisions then applicable) was excluded from the definition of rape. | The Court held that the husband was protected by this exception, therefore Section 376 IPC was not attracted. |
| Section 376 IPC | Punishes the offence of rape. | The Court held that this offence was not made out against the husband. |
| Special Marriage Act, 1954 | Governs civil marriages between persons irrespective of religion. | The parties had solemnised their inter-faith marriage under this Act. |
| Rajasthan Prevention of Witch Hunting Act, 2015 | Penalises offences relating to witch-hunting and related practices. | The police had invoked this law based on allegations of black magic. The High Court found no prima facie case. |
| Quashing of FIR | High Courts may quash criminal proceedings where continuation would amount to abuse of the legal process. | The Court exercised this power and quashed the FIR against the husband. |
CASE DETAILS
| Particular | Details |
| Case Title | R v. State of Rajasthan & Anr. |
| Court | Rajasthan High Court, Bench at Jaipur |
| Bench | Justice Anoop Kumar Dhand |
| Neutral Citation | 2026:RJ-JP:27391 |
| Case Number | S.B. Criminal Miscellaneous (Petition) No. 5664/2025 |
| Date of Judgment | 17 July 2026 |
| Counsel for Petitioner | Mr. Sushil Pujari and Mr. Rahul Kumar Sharma |
| Counsel for Respondents | Mr. Manvendra Singh Shekhawat, Public Prosecutor and Mr. Ashutosh Bhatia |
KEY TAKEAWAYS
- A husband was dragged into a serious criminal case through allegations of rape, drugs and black magic made years after a legally registered marriage.
- The Court found that the rape charge could not survive against the legally wedded husband under the law applicable to the case.
- The woman had voluntarily married him, sought protection with him and later had a daughter from the marriage.
- Vague allegations made after years of married life cannot automatically become proof of criminal offences.
- When criminal law is used after a relationship turns bitter, the man suffers first through stigma, litigation and loss of reputation. Quashing the FIR ends the case, but not the damage already caused.
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