Breach of promise to marry is not cheating under IPC: Karnataka HC
The Karnataka High Court ruled that the Breach of promise to marry is not cheating under IPC.
On the complaint of respondent, the Police registered a case wherein, it is alleged that about 8 years back she came to know the petitioner and both of them fell in love with each other and petitioner agreed to marry her. Subsequently, he left her and said to have married some other lady as his family members supported his marriage with some other lady. Therefore, she filed a complaint against the petitioner and his other family members for having cheated her.
Advocate N.S. Sriraj Gowda, appearing for the petitioners, contended that mere promise of marriage and not marrying her cannot be said to be a cheating as per the provision of Section 415 of IPC. Absolutely there is no ingredient for invoking the said section. After the filing of the case in May 2020, there was no investigation by the Police in spite of the petitioners appearing before the police after obtaining the bail.
The single judge bench of Justice K. Natarajan noted that the respondent filed a complaint stating that the accused/petitioner fell in love with her and he has promised to marry her. Subsequently, he failed to marry her and he married somebody else and other petitioners said to have helped petitioner to marry some other lady.
The court said that the petitioner is said to have promised to marry respondent, but failed to marry her. In view of the judgment of the Supreme Court, respondent has failed to make out a case of criminal intention of petitioner from the beginning for cheating the complainant.
The court while quashing the investigation against the petitioners held that continuing the proceedings or investigation against the petitioners is the abuse of process of law.
Case title: Sri. Venkatesh and Ors. v/s The State of Karnataka and Ors.
Citation: CRIMINAL PETITION No.5865 OF 2021
