The Karnataka High Court, while hearing Criminal Petition No. 8596 of 2024, quashed the charge of stalking under Section 354D of the Indian Penal Code (IPC) against petitioner Abhishek Mishra. The Court ruled that sending messages with foul language, in itself, does not amount to stalking, as defined under the law.
"Mere sending messages between the two or exchange of messages which contained profanity would not amount to stalking. Therefore, the offence of stalking is loosely laid against the petitioner."
— Justice M. Nagaprasanna
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Background of the Case
Abhishek Mishra and the complainant, Pinki Sharma, were involved in a relationship that allegedly started during their UPSC coaching in Delhi. Their communication began through WhatsApp and later developed into a physical relationship. However, things turned sour, leading to the filing of multiple criminal complaints.
On October 19, 2023, Pinki Sharma filed a complaint at Chandra Layout Police Station, Bengaluru, accusing Mishra of:
- Capturing and storing her private videos and photos,
- Following her and showing intimate content to others,
- Verbally abusing her using obscene language.
Legal Charges Framed
Based on the complaint, the police registered a case under:
- IPC Sections: 354C (voyeurism), 354D (stalking), 504 (intentional insult), 506 (criminal intimidation), 509 (insulting modesty of a woman)
- IT Act: Section 66E (violation of privacy)
- SC/ST Act: Section 3(2)(v) (committing an offense knowing the victim is a member of a Scheduled Tribe)
The case was filed as Special Case No. 1029/2024 in the LXX Additional City Civil and Sessions Court, Bengaluru.
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Petitioner's Argument
The petitioner argued that the relationship was consensual until July 2023, after which they parted ways. He claimed the subsequent complaints were a misuse of legal provisions. He emphasized that:
- The relationship was mutual,
- Marriage was registered on November 10, 2023,
- A fresh FIR was filed on December 14, 2023, alleging coercion at the marriage registrar’s office.
He contended that the sequence of complaints and chargesheet amounted to "gross abuse of the process of law".
Complainant’s Stand
The counsel for the complainant objected to the petition, stating that:
- A chargesheet was already filed,
- The trial should proceed,
- Additional charges under IPC Sections 376 (rape) and 420 (cheating) should also be included.
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“Except the offence of stalking, the case revolves around seriously disputed facts requiring trial. Permitting prosecution for stalking would amount to abuse of the legal process.”
The Court thus partially allowed the petition, quashing only the stalking charge, and allowing the trial for all other charges to proceed.
Case Title: Abhishek Mishra v. State of Karnataka & Anr.
(Criminal Petition No. 8596 of 2024)