‘No mini-trial’: Delhi High Court refuses to quash FIR against man accused of attempting to push wife into flesh trade
Attempted flesh trade case: The plea before the Delhi High Court was submitted by a man accused of sexually assaulting his wife and engaging in unnatural acts.
5 min readNew DelhiUpdated: Feb 10, 2026 12:32 PM IST
Delhi High Court News: The Delhi High Court noted that the complainant woman’s detailed statement raised ‘extremely serious allegations’ against her husband. (Image generated using AI)
Delhi High Court Latest News: The Delhi High Court recently rejected a plea seeking to quash the First Information Report (FIR) filed in 2021 against a man, while observing that his wife had levelled extremely serious allegations, including an attempt to push her into the flesh trade.
Justice Girish Kathpalia was on February 9 hearing the plea of the man who was also accused of sexual assault, unnatural sex, and cruelty.
Justice Girish Kathpalia heard the petition on February 9 and noted the allegations against the man.
“The detailed statement of the complainant…levels extremely serious allegations, including an effort to somehow push the complainant de facto into the flesh trade,” the court observed.
Allegations of dowry harassment, cruelty
Another complaint filed on July 27, 2021, also has specific allegations of cruelty, dowry harassment, and criminal breach of trust against the accused.
The argument submitted by the counsel for the petitioners – that the statement of the complainant is false – is yet to be tested through trial.
The court cannot conduct a mini-trial at the stage of the proceedings.
Presently, there are various allegations mentioned in the FIR, and the complainant‘s statement recorded has to be considered.
The allegations are making a prima facie case for the offences mentioned by the complainant.
Appearing for the petitioner, advocate Sauraj Yadav argued that the FIR was based on complete falsehood, contending that the original complaint did not contain allegations of rape or unnatural sex, which were later added through the complainant’s statement.
It was further argued that two separate FIRs were registered on the same set of facts at two different police stations, and that the petitioner had earlier sought quashing of the other FIR.
Yadav submitted that proceedings arising out of the earlier FIR had been stayed by the present court through an order passed in January 2026, and therefore, the present FIR was also liable to be quashed.
It was contended that since the initial complaint of July 2021 did not allege rape or unnatural sex, the proceedings arising out of the present FIR were unsustainable.
On the other hand, Assistant Public Prosecutor Sanjeev Sabharwal opposed the petition, taking the court through the detailed statement of the survivor recorded before the magistrate, and urged that the allegations warranted a full-fledged trial.
On marital rape, unnatural sex
In a completely different case, the Chhattisgarh High Court last year acquitted a man convicted of rape and unnatural sexual offence, extending the marital rape exception to Section 377 of the Indian Penal Code (IPC) that penalises unnatural sexual offences.
A trial court in Bastar’s Jagdalpur had in 2018 convicted the man under IPC sections 304 (culpable homicide not amounting to murder), 375 (rape) and 377 (unnatural sexual offence) and had sentenced him to 10 years in jail.
The high court overturned the previous order of the trial court, holding that “sexual intercourse or sexual acts by a man with his own wife is not a rape and therefore if any unnatural sex as defined under Section 377 is committed by the husband with his wife, then it can also not be treated as an offence.”
‘No anticipatory bail for sexual assault’
On the other hand, the Gujarat High Court observed as recently as January 5, 2026, that modern legal frameworks recognise the bodily freedom of a person even within marriage and denied anticipatory bail to a man accused of sexually and physically assaulting his estranged wife.
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Justice Divyesh A Joshi dismissed the husband’s plea seeking anticipatory bail in the case registered by the woman, alleging sexual and physical assault.
“No doubt, marriage has been seen as an automatic grant of sexual consent since decades, however, the modern legal frameworks increasingly recognise the bodily freedom of an individual, even within a marital relationship. Intimacy is normal between every married couple, however, the same has to be a consensual and mutually respectful act,” the court observed.
On whether marital rape is an offence
In 2024, the Madhya Pradesh High Court held that unnatural sex by a husband with his legally wedded wife residing with him is not an offence under IPC Section 377, observing that marital rape has not been recognised so far in India.
“Absence of consent of the wife for unnatural act loses its importance. Marital rape has not been recognised so far,” Justice Gurpal Singh Ahluwalia said in this case.
Justice Ahluwalia was hearing a petition by a man who was seeking the quashing of the FIR filed by his wife, accusing him of having unnatural sex with her.
“This court is of the considered opinion that after having come to a conclusion that the act of unnatural sex by a husband with his legally wedded wife residing with him is not an offence under IPC Section 377,” said the order.
Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape.
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Justice Girish Kathpalia heard the petition on February 9 and noted the allegations against the man.