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Supreme Court of India 2025-04-07 allowed

BISWAJYOTI CHATTERJEE vs STATE OF WEST BENGAL & ANR

Bench: 2 — B. V. Nagarathna, Satish Chandra Sharma

In Brief

A retired civil judge challenged the High Court's dismissal of his discharge petition in a rape case. The complainant alleged that during her 2014 marital disputes, the judge promised to marry her and took responsibility for her and her son, providing financial support and housing. After her divorce, he allegedly avoided her. The Supreme Court allowed the appeal, holding that a mature, well-informed woman who knowingly enters a consensual relationship with a married man (albeit separated) cannot later claim misconception of fact. Finding no fraudulent inducement or threat, the Court terminated proceedings at the charge stage, noting the growing tendency to misuse criminal law when consensual relationships end.

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Criminal Law Rape and Sexual Assault Consent False Promise to Marry Cheating Criminal Intimidation Discharge Petition Abuse of Process

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