Calcutta High Court cautions against misuse of criminal process, junks rape case against man by former partner
Calcutta High Court quashes rape case: Justice Ajay Kumar Gupta observed that there was a love affair between the woman and her former partner while highlighting that the allegations did not constitute offences of rape or cheating.
Calcutta HC legal update: The Calcutta High Court has quashed the criminal proceeding against a man who was accused of rape and cheating charges from his former partner. (This image is generated using AI)
Calcutta High Court quashes rape case: The Calcutta High Court recently observed that a court must cautiously examine if the criminal process is being invoked to settle personal scores or to mitigate pressures in a matrimonial dispute, as it quashed a case against a man accused of rape and other crimes by his former partner.
Justice Ajay Kumar Gupta was hearing a plea of a man who was seeking the quashing of the proceedings against him in the trial court, where he was charged with the offence of rape and cheating against a woman with whom he reportedly had a romantic relationship before she got married to another man.
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“The court is conscious that offences involving women must be approached with sensitivity and seriousness”, the court went on, “however, judicial sensitivity cannot replace the requirement of legal sufficiency of material.”
The order added, “When a complaint arises or is lodged after the complainant has entered a new marital relationship with someone else, and the allegations pertain largely to past consensual activities and subsequent apprehensions, the court must cautiously examine whether the criminal process is being invoked to settle personal scores or to mitigate pressures arising from matrimonial circumstances.”
The woman alleged that the man created a fake account resembling his name and sent messages repeatedly on social media platforms despite her request of not communicating with her.
She further added that her former partner has been trying “all means” to drag her out of her marriage and continued his “ill practice” of satisfying his lust.
The court noted that there was a love affair between the woman and her former partner and they had physical relations prior to her marriage, while highlighting that the allegations, even if accepted in totality, did not constitute offences of rape or cheating and neither established the offences under the Information Technology Act, 2000.
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‘Relationship progressed voluntarily’
The court, while looking into charges of rape against the man, found that the FIR acknowledged a long-standing relationship. It was also placed on record that the woman did not allege the man of deceitfully inducing her into intimacy on the basis of a fabricated assurance of marriage.
“Rather, the complaint demonstrates that the relationship progressed voluntarily, and differences arose only when issues regarding marriage surfaced”, the court remarked.
‘No cheating’
The court pointed out that in consensual romantic relationships, the element of “dishonest inducement” must be clearly established and emphasised that even if the material on record concerning the case was accepted at face value, it did not prima facie make out an offence of “cheating”.
Referring to the woman’s apprehension that the man might disclose photographs taken during their relationship, the court pointed out that it did not constitute an offence unless there was an overt act of “transmission, publication, or misuse.”
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It was placed on record that the photographs were taken mutually during their trips and outings, and the woman had not alleged that the petitioner ever “published” or “transmitted any such image”.
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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