XXX v. State of Kerala & Ors., 2025
The Kerala High Court reinforced the procedural mandate under Section 198B CrPC, which is a jurisdictional requirement for prosecuting Section 376B IPC cases.
Judgement Details
Court
Kerala High Court
Date of Decision
18 September 2025
Judges
Justice G. Girish
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
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The petitioner-husband was accused of committing sexual intercourse with his separated wife (before divorce became effective) and Forcefully expelling her from the marital home afterward.
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He was charged under section 376B IPC & Section 31(1) of the DV Act.
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The Magistrate took cognizance of both offences based on the final police report, without a formal complaint by the wife.
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The petitioner challenged the criminal proceedings before the Kerala High Court, citing non-compliance with Section 198B CrPC.
Issues
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Can a court take cognizance of an offence under Section 376B IPC without a complaint from the wife, contrary to Section 198B CrPC?
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Was it legally permissible to register both offences under a single FIR, despite them allegedly occurring at different times?
Held
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The criminal proceedings were quashed as regards both offences.
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However, the Court clarified that its order would not prevent the lawful institution of fresh prosecution proceedings in accordance with applicable legal provisions.
Analysis
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The Kerala High Court reinforced the procedural mandate under Section 198B CrPC, which is a jurisdictional requirement for prosecuting Section 376B IPC cases.
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The judgment reaffirms that special procedural protections exist when dealing with offences arising in marital relationships, especially where consent and separation are legally nuanced.
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It underlines that police cannot substitute a wife’s formal complaint with a final report—judicial cognizance cannot be based on police report alone in such cases.
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The Court also showed procedural rigor by separating distinct incidents into separate FIRs, reinforcing that criminal charges should be compartmentalized based on facts and timelines.
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The ruling ensures that while procedural lapses may invalidate current proceedings, it does not bar future lawful prosecution, balancing due process with access to justice.