HYDERABAD: Mere failure to keep up a promise will not come within the ambit of cheating. Continuation of criminal proceedings against the accused persons would, therefore, amount to an abuse of process of the court. In cases relating to marriages, let down from a promise to marry does not in any way attract the offence under Section 420 of IPC.
In one such a case before the Hyderabad High Court, the petitioners-accused (A1 and A2) moved the court with a plea to quash the proceedings against them for the offences under IPC sections 417 (punishment for cheating), 420 (cheating and dishonestly inducing delivery of property) and 109 (an offence committed in consequence of abetment).
The accused (A1) had agreed to marry a girl and an engagement was performed as per their tradition. However, when elders approached him for fixing the marriage date, he, with the connivance of his uncle (A2), expressed unwillingness to marry the girl, who is the complainant. The accused also allegedly quarrelled with and abused the elders.
A case was filed by Nizamabad police against A1 and A2 under sections 417, 420 and 109 IPC. In High Court, the counsel for the petitioners A1 and A2 submitted that the complaint’s allegations do not show any inducement made by the petitioners to constitute the offence under Section 415 IPC (cheating).
In the case of cheating, the intention to cheat must be in existence from inception which is lacking in the present case. The false case is foisted against the petitioners, and if it is allowed to continue it would amount to the abuse of process of law, he argued. Opposing the plea of the petitioners, the public prosecutor urged the court to dismiss the petition saying that the matter is coming up for framing of charges.
After hearing the case and perusing the material on record which included FIR, charge-sheet and witnesses statements, Justice U Durga Prasad Rao found force in the contention of the petitioners. The judge said that even if the complaint’s allegations are true, mere failure to keep up the promise will not come within the ambit of cheating. Based on the petitioners’ promise, if the father of the girl had incurred any expenditure towards engagement, he can recover the same by way of damages whose remedy lies in civil law. Continuation of criminal proceedings would mean abuse of process of the Court, the judge observed and quashed the proceedings pending before a lower court.