Biswajyoti Chatterjee vs State Of West Bengal 2025 INSC 458 - Rape - Promise To Marry
Indian Penal Code 1860 - Section 376 - There is a growing tendency of resorting to initiation of criminal proceedings when relationships turn sour. Every consensual relationship, where a possibility of marriage may exist, cannot be given a colour of a false pretext to marry, in the event of a fall out. It is such lis that amounts to an abuse of process of law- [ Context: SC while quashing criminal proceedings against accused, observed: Even if we take the case of the Complainant at the face value or consider that the relationship was based on an offer of marriage, the Complainant cannot plead ‘misconception of fact’ or ‘rape on the false pretext to marry’. It is from day one that she had knowledge and was conscious of the fact, that the Appellant was in a subsisting marriage, though separated. It is upon having an active understanding of the circumstances, actions and the consequences of the acts, that the Complainant made a reasoned choice to sustain a relationship with the Appellant.]
