Court Finds No Legal Basis for Charges of Rape, Cheating, and IT Violations; Emphasizes Judicial Sensitivity in Consensual Relationships
In a notable judgment dated December 17, 2025, the Calcutta High Court quashed charges against Tasaul Sk, accused under Sections 376 (rape) and 417 (cheating) of the Indian Penal Code, and Sections 66A and 66E of the Information Technology Act, 2000. The charges stemmed from allegations made by the complainant, who had been in a consensual romantic relationship with the petitioner before marrying another individual.
Justice Ajay Kumar Gupta highlighted the need for judicial sensitivity in cases involving past consensual relationships. The court found that the allegations did not meet the legal requirements for the charges under the IPC, as the complainant had voluntarily engaged in the relationship without evidence of deceit from the inception. Furthermore, the court noted that Section 66A of the IT Act had been declared unconstitutional by the Supreme Court in the landmark Shreya Singhal case, rendering the charges under this section illegal.
The judgment also examined the alleged threat of misuse of private photographs under Section 66E of the IT Act. The court determined that mere apprehension of misuse without actual dissemination did not constitute an offence. Justice Gupta emphasized that legal sufficiency of evidence is paramount, and the criminal justice system should not be misused to settle personal scores arising from matrimonial issues.
In dismissing the charges, the High Court underscored the importance of distinguishing between genuine legal concerns and personal disputes when invoking criminal proceedings. The judgment serves as a reminder that the legal system must be cautious in intervening in matters of past consensual relationships, especially when the complainant has moved on to a new marital relationship.
The decision to quash the proceedings reflects a careful consideration of the legal principles governing consent, deceit, and privacy, and underscores the judiciary's role in safeguarding individual rights while ensuring justice is not compromised by personal vendettas.
Bottom Line:
Quashing of proceedings under Sections 376/417 IPC and Section 66 of the Information Technology Act, 2000 - Allegations arising from a prior consensual relationship and subsequent apprehensions do not constitute offences - Charges under Section 66A of IT Act deemed illegal as per the Supreme Court judgment in Shreya Singhal v. Union of India - Judicial sensitivity must not replace the requirement of legal sufficiency of evidence.
Statutory provision(s): Sections 376, 417 IPC, Section 66A, 66E of the Information Technology Act, 2000, Section 482 Cr.P.C.
Tasaul Sk v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2823064
