IMPORTANT POINT
The court established that mere silence or failure to disclose a relationship does not constitute cheating under IPC without evidence of fraudulent intent.

JUDGMENT :

Neela Gokhale, J.

1. Rule. Rule made returnable forthwith. With consent of the parties, Application is taken up for final hearing.

2. The present proceeding arises from an unfortunate series of events where a young girl, undaunted by familial and societal traditions falls in love with her choice of a partner but lacks courage enough to reveal this relationship to her family. What happens next is not a mystery. Oblivious to their daughters’ choice of partner, her parents proceed to arrange her marriage with a man of their choice, mistaking their daughters’ silence as her approval. The engagement takes place. The soon to be parents-in-law incur expenditure on printing invitation cards, new clothes, jewelry etc. for the impending marriage. Cometh the eleventh hour, waking up to the reality, the girl jolts out of her stupor and elopes with her paramour. The parents and the in-laws are left to explain her absence. The parents file a missing complaint, but the in-laws lodge an FIR alleging various offences including that of ‘cheating’ against the girl and her family members. This is the FIR we are to deal with. Whether any cognizable offence is disclosed in the above circumstances, to justify prosecution, is a question that arises for our determination.

3. Applicants seek quashing of the R.C.C. No. 3569 of 2022 pending before the learned Judicial Magistrate First Class, Court No. 5, Shivajinagar Court, Pune arising from FIR bearing No. 163 of 2022 dated 1st May 2022 registered with Vimantal Police Station, Pune for offences punishable under Sections 417, 418, 420, 500 read with 34 of the Indian Penal Code, 1860 (‘IPC’).

4. The Applicants No. 1, 2 and 3 are the father, mother, and brother of the Applicant No. 4 respectively. The Applicant No. 4 is the girl who was to be married to the son of Respondent No.2.

5. Facts of the Case:

5.1. The FIR reveals that, the Respondent No.2 was looking for a suitable partner to be married to his son, Amol. The two families were brought together by Mr. Ashok B. Sonawane and Mr. Vijay Ovhal, friends of the families and match makers. In March 2022, the Respondent No.2 along with his family approached the Applicants with the proposal of their son for their daughter. Both the families visited each other’s residence and after consensus between them, the “Supari Ceremony” (engagement ceremony) took place on 27th March 2022. The mediators as named above were present at the ceremony and had verified approval of the Applicant No.4 and Amol for the said marriage. The marriage date was fixed as 1st May 2022.

5.2. Both families commenced preparations. It is the contention ofthe Respondent No. 2 as discerned from the FIR that, they purchased jewelry for the bride and also a trousseau for her. They also spent a substantial amount in purchasing gifts for family and friends. According to him, his family spent an amount of Rs.1,62,000/- for wedding preparations.

5.3. On 29th April 2022, the Applicants No. 1, 2 & 3 approached the Respondents and inform them that their daughter, the Applicant No. 4 is missing since 28th April 2022, and they had filed a missing complaint with the local police. It is the case of the Respondent No. 2 that the Applicants concealed the fact of their daughter having an affair with another boy, from the Respondent No.2 and induced him and his family to make the huge expenditure towards the marriage. It is alleged that the Applicants have cheated the Respondent No. 2 and defamed his family. Thus the Respondent No.2, aggrieved by the conduct of the Applicants, filed the subject FIR.

6. Ms. Priya Gajare, learned counsel appears for the Applicants and Mr. Dhananjay Bhosale learned counsel appears for the Respondent No.2. Mr. A.S.Shalgaonkar, learned APP represents the State.

7. Ms. Gajare states that the Applicants did not have any intention to cheat, defraud or defame the Respondent No.2. Their daughter namely, Applicant No.4 eloped with one Mr. Prasad Godse by her own free will, but she did no