Tasaul Sk v. The State of West Bengal & Another, 2025

The petitioner, Tasaul Sk, sought quashing of criminal proceedings filed by his former partner after she married another person.

Criminal charges included rape on false promise of marriage, cheating, and offences under the IT Act, registered as Birbhum Cyber Crime P.S. Case No. 03/2021.

The trial court had framed charges under Sections 376/417 IPC and Sections 66A(a),(b) & 66E IT Act on 16 May 2023.

The Court noted that the relationship was consensual and long-term, ending when the woman married another person.

For Section 376 IPC there is no material showed the petitioner never intended marriage from inception; differences arose only later.

For Section 417 IPC there is dishonest inducement was not established; consensual relationships alone do not constitute cheating.

For Section 66A IT Act the Provisions was already struck down in Shreya Singhal v. Union of India; charges under it were illegal.

For Section 66E IT Act no evidence of publication or transmission of private images; mere apprehension insufficient.

Procedural lapses: Complainant’s statements were not recorded under Sections 161/164 CrPC, no independent corroboration, charges based largely on seizure of electronic devices.

The Court emphasized caution when complaints arise after the complainant has married someone else, to prevent criminal law being used for personal vendettas.

It reinforces that consensual relationships cannot automatically attract criminal liability unless all elements of the offence are proven.

It highlights the misuse of criminal law in failed personal relationships.

It confirms that procedural compliance and corroboration of evidence are essential before framing serious charges.

It emphasizes the precedent of Shreya Singhal to strike down obsolete or unconstitutional IT provisions.