VidhiSangh

Supreme Court of India · 06/04/2025

BISWAJYOTI CHATTERJEE versus STATE OF WEST BENGAL & ANR.

[2025] 5 S.C.R. 425 · 2025 INSC 458

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Summary

A former judicial officer, then posted as ACJM, was chargesheeted under Sections 376(2)(f), 417 and 506 IPC on a complaint that he had sexual relations with a litigant on a promise to marry her after her divorce, and his discharge plea was rejected by the Sessions Court and the High Court. The Supreme Court held that the complainant, who knew from the outset that the appellant was married though separated and who accepted financial support, made a reasoned choice to sustain the relationship, so no misconception of fact or false pretext of marriage arose; there was no material of fraudulent inducement or threat, and the proceedings were terminated at the stage of charge as an abuse of process.

Issues

  1. Whether the allegations, taken at face value, constitute offences under Sections 376(2)(f), 417 and 506 IPC.
  2. Whether consent to a physical relationship given by a woman who knew the accused was in a subsisting marriage, though separated, can be said to have been given under a misconception of fact arising from a promise to marry.
  3. Whether the appellant was entitled to discharge under Section 227 CrPC.

Provisions considered

Held

Result

Appeal allowed. High Court order dated 23.02.2024 in CRR No. 639 of 2024 set aside and the criminal proceedings arising from FIR No. 13/2015, Mahila Police Station, Haldia, terminated at the stage of charge. No order as to costs.

Judgment PDF: Supreme Court of India, [2025] 5 S.C.R. 425.