Karnataka HC ruled that foul text messages alone don’t amount to stalking under IPC. However, charges under SC/ST Act, IT Act, and voyeurism will proceed against the accused.
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KARNATAKA: The case of Abhishek Mishra v. State of Karnataka & Anr. delves into the legal result of a personal relationship that turned bitter, raising serious questions around consent, digital privacy, and misuse of personal data.
The Karnataka High Court in the case ruled that abusive messages do not amount to stalking under IPC; however, under the SC/ST Act or the IT Act, the offence of voyeurism will proceed against the accused.
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Background
The petitioner (accused) and the 2nd respondent (complainant) met in January 2022 while both were preparing for the UPSC examination in Delhi.
The complainant was known to the petitioner’s sister, and they initially connected via text to exchange study materials.
On 12th July 2023, they met in person in Delhi, after which the complainant shifted to the same coaching institute and, with the petitioner’s help, secured paying guest accommodation.
Their friendship eventually developed into a relationship. While the petitioner claims that they got married, the complainant disputes this. Eventually, their relationship deteriorated.
On 19th October 2023, the complainant filed a complaint at Chandra Layout Police Station, alleging that the petitioner had recorded private videos of her under the promise of marriage and was blackmailing her by threatening to circulate them on social media.
A case was registered as Crime No. 471 of 2023 under various provisions of the IPC and Information Technology Act, along with provisions under the SC/ST (Prevention of Atrocities) Act, as the complainant belongs to a Scheduled Tribe.
Following the investigation, the police filed a charge sheet, modifying certain charges, which led the petitioner to approach the Court through the present petition.
Observation of the Court
The Court observed that the relationship between the petitioner and the complainant was consensual and had developed over time, as reflected in the petition and supporting records.
It noted that the complaint was filed only after the relationship had turned sour, and many of the allegations appeared to stem from personal grievances rather than criminal intent.
The Court expressed concerns about the possible misuse of criminal law in matters of failed relationships and noted that certain allegations seemed exaggerated or unsupported by evidence.
Taking into account the nature of the allegations, the timeline of events, and the materials on record, the Court held that a deeper scrutiny of the complaint was warranted and proceeded to examine whether continuation of criminal proceedings would amount to abuse of the legal process.
The Court Said,
The case at hand, as observed hereinabove, except for the offence of stalking, revolves around seriously disputed questions of fact, which would require further proceedings before the concerned Court. Therefore, I decline to exercise my jurisdiction under Section 482 of the Cr.P.C., to obliterate the proceedings qua all offences except the offence under Section 354D, i.e., stalking, as permitting further trial qua the said offence would undoubtedly become an abuse of the process of law.
The Criminal Petition was partly allowed by the Court. The proceedings in Special C.C. No. 1029 of 2024 were quashed only with respect to the offence under Section 354D of the IPC.
However, the petition was dismissed concerning all other charges. The Court clarified that the observations made in the order were solely to examine the petition under Section 482 of the Cr.P.C. and should not influence or prejudice the pending trial or any other legal proceedings against the petitioner. Consequently, I.A. No. 2 of 2024 was also disposed of.
Case Title: ABHISHEK MISHRA versus STATE OF KARNATAKA & ANR.
CRIMINAL PETITION No.8596 OF 2024
READ ORDER HERE
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