Calcutta High Court quashed rape proceedings arising from a 5-year consensual relationship between a man and a woman, holding that there was no false promise to marry from the inception. The Court ruled that a failed relationship cannot be converted into a criminal case.
KOLKATA: Justice Chaitali Chatterjee Das of the Calcutta High Court has quashed criminal proceedings in a case where a man was accused of rape on the allegation of a false promise to marry.
The Court examined the full facts and concluded that the relationship between the parties was consensual and continued for 5 years without any complaint.
The woman alleged that the relationship started as a friendship in 2017 and later became romantic. She claimed that she was sexually assaulted after being forced to consume liquor and that she continued the relationship based on a promise of marriage. She also alleged that she became pregnant and was compelled to terminate the pregnancy on the assurance of marriage, which was later refused.
However, the Court carefully studied the complaint, the statement under Section 164 CrPC, and the investigation materials. It found that both parties travelled together multiple times, stayed in hotels at different places, including Digha and Goa, and continued their physical relationship for years.
The pregnancy was medically terminated with recorded consent. There was no immediate complaint after the alleged first incident, and the relationship continued even after the abortion.
The Court observed that:
“A mere breakup of relationship between consent in couple cannot result in initiation of criminal proceedings.”
It further held:
“What was a consensual relationship between the parties at the initial stages cannot be given a colour of criminality when the state relationship does not fructified into a marital relationship.”
Referring to the legal requirement under Section 90 IPC, the Court noted that there must be clear proof that the promise to marry was false from the very beginning. It relied on settled law that if there is no fraudulent intention at the inception, later refusal to marry does not amount to rape.
The judgment clearly stated:
“In the absence of such foundational ingredient continuation of proceeding would amount to abuse of the process of law.”
After analysing the entire record, the Court concluded that the essential ingredients of offences under Sections 376, 417, and 313 IPC were not made out. It held that continuing the prosecution would be a misuse of criminal law. The revisional application was allowed, and the entire criminal proceeding was quashed.
Explanatory Table: Laws And Sections Involved
| Law / Section | Purpose | How Applied in This Case |
| Section 376 IPC | Punishment for rape | Allegation of rape on false promise to marry; Court held relationship was consensual and ingredients not satisfied |
| Section 375 IPC | Defines rape and concept of consent | Examined whether consent was vitiated; Court found no misconception from inception |
| Section 417 IPC | Punishment for cheating | Alleged deception through promise of marriage; Court found no fraudulent intent at beginning |
| Section 313 IPC | Causing miscarriage without consent | Allegation of forced abortion; medical records showed termination with consent |
| Section 506 IPC | Criminal intimidation | Alleged threats to upload private photos; Court found no sufficient material to continue prosecution |
| Section 90 IPC | Consent under fear or misconception | Court analysed whether promise to marry created misconception; held it was absent from inception |
| Section 482 CrPC | Inherent powers of High Court to prevent abuse of process | Used to quash entire criminal proceedings |
| Section 164 CrPC | Recording of statement before Magistrate | Victim’s statement examined; did not establish absence of voluntary consent |
| Section 156(3) CrPC | Magistrate’s power to order investigation | Referred in context of quashing principles under Bhajan Lal |
| Section 155(2) CrPC | Investigation in non-cognizable cases | Mentioned while discussing parameters for quashing |
| Article 226 Constitution of India | Writ jurisdiction of High Court | Referred while discussing scope of judicial interference |
| Medical Termination of Pregnancy Rules, 2003 | Governs lawful termination of pregnancy | Pregnancy termination shown to be medically conducted with documented consent |
Case Details
- Case Title: Anirban Mukherjee Vs The State Of West Bengal & Anr.
- Court: High Court at Calcutta, Criminal Revisional Jurisdiction – Appellate Side
- Case Number: CRR 3937 of 2022
- Bench: Hon’ble Justice Chaitali Chatterjee Das
- Dates:
- Last Heard On: 16.02.2026
- Judgment Delivered On: 16.02.2026
- Judgment Uploaded On: 16.02.2026
- Counsels:
- For Petitioner: Mr. Rajdeep Mazumder, Sr. Adv., Mr. Pritam Roy, Adv., and Ms. Triparna Roy, Adv.
- For Opposite Party No. 2: Mr. Gouranga Kumar Das, Adv., Mr. Indubhusan Das, Adv., Ms. Poulami Dutta, Adv., and Ms. Tithli Piplai, Adv.
- For State: Mr. Madhusudan Sur, Ld. A.P.P., and Mr. Manoranjan Mahata, Adv.
Key Takeaways
- A long-term consensual relationship cannot be converted into a rape case merely because the relationship ends. Breakup is not a crime.
- For a false promise to marry to become rape, the dishonest intention must exist from the very beginning. Later refusal is not enough.
- Continued intimacy, travel, cohabitation, and absence of immediate complaint strongly indicate consent, not coercion.
- Medical termination with documented consent cannot be casually labelled as forced abortion to build criminal pressure.
- Criminal law cannot be used as a tool after a relationship fallout. Courts will intervene when prosecution becomes an abuse of process.
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