HC refuses to quash case against man who ‘forced’ anal sex on wife

Bengaluru: The Karnataka High Court has declined to quash a case against a man who forced his wife for anal/unnatural sex. At the same time, the court allowed the contention of the woman for further investigation against her husband for allegedly posting her obscene pictures on social media. The couple met while pursuing PhD at IIT Mumbai. They fell in love and married in 2015 and settled down in Bengaluru. The woman alleged that from the very beginning “her husband was torturous for having anal sex/unnatural sex.” She left him to live with her parents.

The husband persuaded her to go back to her promising not to force her. However, she alleged that her husband’s behaviour “got aggravated.” She left him permanently in January 2016. The husband allegedly forwarded obscene pictures of her to the Facebook account of her father and WhatsApp numbers of her two friends. A criminal case was registered by the woman in her native Chhattisgarh which was transferred to Bengaluru to be investigated by the jurisdictional police. The wife had also made her mother-in-law an accused. However, in 2019 the High Court had quashed the case against the husband’s mother.

Both the man and his wife approached the High Court on various grounds. The husband sought the quashing of the case against him. The wife’s petition contended that the chargesheet filed by the police was deliberately diluted her case. The crimes under the Information Technology Act was also not properly investigated, she alleged.

In a common judgement on both the petitions, Justice M Nagaprasanna recently ruled that, “there is no document that is so unimpeachable placed on record by the husband to demonstrate his innocence”.

The court allowed the petition of the wife and ordered the Commissioner of Police to further investigate the crime through another investigating officer. A report would be submitted before the Jurisdictional Magistrate within two months. The trial shall not be continued till the report of the further investigation is filed.