The distinction between false promise to marry and breach of promise to marry, and the requirement to show fraudulent or dishonest intention at the time of making the promise for sustaining an allegation of cheating under section 415 of the Indian Penal Code, 1860.

Ranjit More, J.

1. This application is filed invoking the jurisdiction of this Court under the provisions of section 482 of the Code of Criminal Procedure, 1973 for quashing the proceedings of R.C.C. No. 0400842 of 2014 [converted into Sessions Case No. 159 of 2014] pending on the file of Sessions Judge, Pune, which has arisen from C.R. No. 242 of 2013 registered with Kotharud Police Station against the Applicant at the instance of Respondent No.2 for the offence punishable under sections 376 and 420 of the Indian Penal Code, 1860.

2. The allegations made by the Complainant – Respondent No.2 herein, which gave rise to the registration of C.R. No. 242 of 2013 are as under:

[A] The Complainant, a divorcee, was intending to get married and therefore registered herself with matrimonial portal www.shadi.com. While browsing the profiles on portal Shadi.com, she found the profile of one Ashwin Bairagi to be suitable. She, therefore, contacted him through e-mail in April 2012. He responded to the said email and contacted the Complainant and told her that he had come at Kandiwali, Mumbai and invited her for a meeting. The Complainant went to meet Ashwin Bairagi at his residence. At that time, he told his name to be Nandan Sadanand Bendarkar, Age 47. He also informed that his native place is Devrookh, District Ratnagiri and also informed that he has registered on the matrimonial portal in pseudo name. He further informed the Complainant that he was working with Urostar Communication in Dubai and residing at 204, AP.I. Chambers, Al-Rafa, Bar Dubai, UAE, Post Box No. 233 256. He gave his contact numbers. He also gave information about his first marriage and informed that he has a son by name Shubhamkar aged 13 years from the first wife. He further told her that he has divorced his first wife and that he is intending to remarry. The Complainant thereafter gave her details, family background and her expectation about the spouse. After detailed discussion, she returned back to Pune.

[B] The Complainant and Bedarekar (the Applicant herein) had thereafter two meetings at Pune and Mumbai to discuss about their marriage prospects. The complainant and the Applicant considered themselves to be suitable partners. The Applicant thereafter went to Dubai. During this period, the Complainant and the Applicant kept in touch with each other through social media. On 23.5.2012, the Complainant went to Dubai to collect further information about the Applicant and his son. She could not meet the Applicant as he had come to Mumbai due to demise of his father.

[C] On 4/6/2012, the Applicant visited the house of the Complainant at Pune and had discussion with her parents and decided to get married to the Complainant. The Applicant thereafter told the Complainant that he would be staying in Mumbai for couple of days and requested her to accompany him at Mumbai. The Complainant conceded to his request and went to the Applicant's flat at Kandiwali. After going to Kandivali, the Applicant told the Complainant that he is intending to marry the Complainant as early as possible and after obtaining the confidence of the Complainant entered into the physical relationship. The Applicant thereafter requested the Complainant to come to Dubai to collect the documents required for registered their marriage and also meet his son. The Complainant, as per the request of the Applicant, went to Dubai on 28/6/2012 and met the Applicant's son. She stayed at Dubai till 10/7/2012. The Applicant did not hand over the documents and asked the Complainant to return to Pune and promised to send the documents. She accordingly returned back to Pune.

[D] On 7/8/2012 the Applicant along with his son and uncle came to Pune at the Complainant's house and introduced the Complainant to his uncle as his fiencee.

[E] On 18/8/2012 the Applicant, his son, uncle and the Complainant went to Devrookh. The Applicant introduced the Complainant to his mother and other relatives as his fiencee. They staye