HYDERABAD: Holding that the case stemmed from a failed consensual relationship rather than criminal intent, Justice N Tukaramji of the Telangana High Court has quashed criminal proceedings against a petitioner accused of cheating a woman on a false promise of marriage.
The court allowed a petition filed under Section 482 of the Code of Criminal Procedure by Kalleda Santhosh, seeking quashing of proceedings pending before the Principal Judicial First Class Magistrate, Godavarikhani. The petitioner had been charged under Sections 417 and 420 of the IPC based on a complaint lodged by Baki Jyothi.
The petitioner maintained a relationship with the complainant for nearly five years, allegedly promising marriage but later refusing. However, the court found no material to show that the promise was false at inception or made with fraudulent intent. It reiterated that breach of a promise to marry does not amount to cheating unless dishonest intention exists.
Observing that the relationship was prolonged and consensual, and that no inducement for delivery of property was alleged, the court held that the essential ingredients of cheating were not satisfied. Terming continuation of proceedings an abuse of process under the principles laid down in State of Haryana v. Bhajan Lal, the court quashed the case to secure the ends of justice.