Anirban Mukherjee v. State of West Bengal & Anr., 2026
It reinforces the principle that consent is central to sexual offence cases, and mere breakdown of relationships cannot create criminal liability.
Judgement Details
Court
Calcutta High Court
Date of Decision
20 February 2026
Judges
Justice Chaitali Chatterjee Das
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
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The complainant alleged a romantic relationship beginning in 2017, followed by sexual assault in 2018, on the pretext of marriage.
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She claimed the petitioner forced her to terminate her pregnancy and threatened to circulate private photographs.
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The parties had maintained an intimate relationship for nearly five years, traveling together to places like Digha and Goa, and staying like husband and wife.
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A charge sheet was filed under Sections 417, 376, 313, and 506 IPC.
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The petitioner filed a criminal revision petition seeking quashing, arguing the relationship was consensual and the essential ingredients of the alleged offences were absent.
Issues
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Whether a prolonged consensual relationship between adults can later be converted into a criminal prosecution merely because the relationship soured or marriage did not materialize?
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Whether a false promise to marry vitiates consent under Section 90 IPC, if the promise was made after the relationship had already begun?
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Whether allegations of sexual assault or forced abortion are sustainable where the acts were done with the complainant’s consent during an ongoing intimate relationship?
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Whether continuation of criminal proceedings in such a case amounts to abuse of process of court?
Held
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A prolonged consensual relationship cannot be criminalized merely because it ends or marriage did not occur.
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False promise to marry must exist from the start to vitiate consent under Section 90 IPC.
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Consent for sexual acts and medical procedures during a consensual relationship negates offences under Sections 376 and 313 IPC.
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Continuation of proceedings without legal foundation constitutes abuse of process of court.
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Criminal revision powers can be used to quash frivolous proceedings to protect fundamental rights.
Analysis
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Reinforces the principle that consent is central to sexual offence cases, and mere breakdown of relationships cannot create criminal liability.
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Protects adults in long-term consensual relationships from harassment by frivolous allegations.
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Aligns with Supreme Court jurisprudence on misconception of fact and false promises to marry.
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Upholds Bhajan Lal principles for preventing misuse of judicial process.
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Balances rights of complainants with protection against abuse of criminal process.
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Encourages courts to examine context, duration, and voluntariness in cases involving intimate relationships.