BENGALURU: Reiterating that breach of promise to marry does not amount to cheating under Section 420 of the Indian Penal Code, the Karnataka high court has quashed proceedings against a Bengaluru man and his family members.
"This court has already held in (the) D Ramesh Sinha vs state of Karnataka that a promise of marriage and breach of contract will not attract the provisions of Sections 417 and 420 of IPC. Such being the case, continuing the proceedings or investigations against the petitioners is abuse of process of law. Therefore, the same is liable to be quashed," Justice K Natarajan observed in his order, while allowing the petition filed by Venkatesh and his family members.
According to the case, Venkatesh and a girl were in love with each other for eight years. Later, supported by family, he married another woman. Following this, the girl filed a complaint in May 2020 before the Ramamurthy Nagar police station in Bengaluru, accusing Venkatesh and his family members of cheating and criminal intimidation.
The judge has said the Supreme Court, in the SV Palanitkar and others vs State of Bihar case, had held "mere breach of contract cannot give rise to any criminal prosecution for cheating" unless fraudulent or dishonest intention is shown right at the beginning and the time when the offence is said to have been committed. Further, it was noted that in the KU Prabhu Raj case, the Madras high court had held that breach of promise to marry doesn't constitute an offence under Section 417 or 420 of IPC.
"Here, in this case, petitioner (Venkatesh) is said to have promised to marry respondent No. 2 (the girl), but failed to marry her. In view of the judgment of the Supreme Court, respondent No. 2 has failed to make out a case of criminal intention of petitioner No. 1 from the beginning for cheating the complainant. That apart, the (Madras HC) judgment is applicable to the case where the promise of marriage will not attract Section 420 of IPC," Justice Natarajan has observed.
