Allahabad High Court Quashes Chargesheet and other Proceedings, Holds Relationship Prima Facie Consensual

LENTIS LEGALIS
Prayagraj | 16 February 2026

The Allahabad High Court has quashed the criminal proceedings, including charges under Section 376(2)(n) IPC and Section 67 of the Information Technology Act, in a case alleging repeated sexual assault and blackmail, holding that the material on record did not disclose a prima facie case warranting trial.

Justice Avnish Saxena allowed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) filed by the accused persons, setting aside the charge-sheet dated 12.02.2025, the cognizance order dated 28.02.2025, and all consequential proceedings arising out of Case Crime No. 883 of 2024, Police Station Izzatnagar, District Bareilly.

The FIR, lodged on 01.12.2024 by the complainant, a married woman, alleged that she was repeatedly raped by the first accused between August 2022 and November 2023 on the pretext of guidance for the Provincial Civil Services examination. It was further alleged that obscene videos were recorded and later used for blackmail, with the second accused allegedly circulating the videos to the complainant’s family members.

Applicants submit that the FIR is grossly delayed. The informant is a married lady having two children, who has some oblique motive to fulfil. The record shows that the victim herself has sent friend request to the sister of accused through facebook, came closer to her and thereafter made distance and came closer to accused applicant.

After examining the FIR, statements under Sections 180 and 183 BNSS, and material collected during investigation, the Court noted multiple inconsistencies and improbabilities in the prosecution story. The Court observed that:

• The complainant was a married, educated woman with children and allegedly maintained prolonged physical relations over several years without reporting the matter.
• The alleged blackmail was based on videos which the complainant admitted she had never seen.
• There was no recoverable electronic evidence to substantiate claims of circulation of obscene material.
• Statements of the complainant’s husband and father did not conclusively support the allegation of transmission of videos.
• WhatsApp chats placed on record indicated intimate communication beyond mere academic guidance.

Relying on recent Supreme Court precedents, the Court held that prolonged and repeated physical relations, in the absence of compelling evidence of coercion or threat, cannot be presumed to be non-consensual.

The Court concluded that continuation of the criminal proceedings would amount to an abuse of the process of law. Consequently, all proceedings against both accused persons were quashed.

read judgement below