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2026 Supreme(Online)(HP) 3167

2026:HHC:21231


IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA


Cr. Revision No. 672 of 2025


Hritik Gupta ...Petitioner Versus

State of H.P. & another ...Respondents


Coram


Hon'ble Mr Justice Rakesh Kainthla, Judge.


Whether approved for reporting?1Whether reporters of Local Papers may be allowed to see the judgment? Yes. No.


For the Petitioner: Petitioner present in person. For the Respondent/State: Mr. Prashant Sen, Deputy Advocate General for respondent No.1.


For Respondent No.2: None.


Reserved on: 2.4.2026

Date of Decision: 3.6.2026.


Rakesh Kainthla, Judge


Judge

Petitioner Advocates:,Respondent Advocate: AG NEMO

Legal Category Hierarchy

  • crime and sentencing
    • offences against property
    • offences against the person
      • defamation (Para 17)
      • insult and provocation (Para 18, 19, 20, 21)
  • practice and procedure
    • criminal procedure
      • complaint inquiry
        • section 202 crpc (Para 9, 10)
      • revision (Para 4, 23)
      • issue of process (Para 9, 10)

Table of Contents

1. Private complaint dismissed — Allegations of cheating, defamation, and insult arising from failed matrimonial alliance — No prima facie offence made out. (Para 2 , 9 , 22 )

2. Complainant argued inducement and harassment by accused; State supported Magistrate's finding that no offence was disclosed. (Para 4 , 6 , 7 )

3. Revision dismissed — Trial Court order upheld — Complaint allegations did not disclose any cognizable offence. (Para 23 , 24 , 25 )

4. Is inquiry under Section 202 CrPC mandatory when the accused resides beyond the Magistrate's territorial jurisdiction?

Yes, the amended provision makes it obligatory for the Magistrate to conduct an inquiry or direct investigation before summoning an accused residing beyond his jurisdiction. (Para 9 , 10 )

5. What are the essential ingredients of the offence of cheating under Section 415 IPC?

Cheating requires a fraudulent or dishonest intention at the time of inducement, and the person deceived must be induced to deliver property or do/omit an act causing damage or harm. (Para 11 , 12 , 13 , 14 , 15 )

6. When does disclosure of intimate details to relatives not constitute defamation under Section 499 IPC?

If disclosure is made for the protection of the interest of the accused, such as when a prospective spouse shares details with relatives to assess suitability, it falls under the ninth exception to defamation. (Para 17 )

7. What constitutes an intentional insult under Section 504 IPC?

Intentional insult must be of such a degree that it would provoke a reasonable person to break public peace or commit an offence; mere abuse or discourtesy without such potential is insufficient. (Para 18 , 19 , 20 , 21 )

8. Can a failed matrimonial alliance give rise to criminal liability for cheating?

No, unless fraudulent or dishonest intention is shown right from the beginning; mere failure to materialise the alliance, expenses incurred, or shared intimate details do not constitute cheating. (Para 16 , 22 )

2026:HHC:21231

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr. Revision No. 672 of 2025

Hritik Gupta ...Petitioner Versus

State of H.P. & another ...Respondents

Coram

Hon'ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?1Whether reporters of Local Papers may be allowed to see the judgment? Yes. No.

For the Petitioner: Petitioner present in person. For the Respondent/State: Mr. Prashant Sen, Deputy Advocate General for respondent No.1.

For Respondent No.2: None.

Reserved on: 2.4.2026

Date of Decision: 3.6.2026.

Rakesh Kainthla, Judge

The present petition has been filed against the order dated 14.8.2025, passed by the learned Chief Judicial Magistrate, Kangra, at Dharamshala (learned Trial Court) in Private Criminal Complaint No.25 of 2022, titled Hritik Gupta Vs. Amritanshu Gupta.

(The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present petition are that the complainant filed a complaint before the learned Trial Court against the accused for committing the offences punishable under sections 415, 417, 500 and 504 of the Indian Penal Code (IPC). It was asserted that the complainant is residing at Dharamshala and is working remotely from his home. The complainant and the accused had put up their matrimonial profiles on a matrimonial website. The accused accepted the complainant's request to connect on the website on 4.8.2022. A mobile number xxx383 was shared with the complainant for further discussion. Complaint's mother had a brief discussion with the father of the accused. Both parties found the alliance suitable, and the father of the accused shared the mobile number of the accused, xxx080, with the complainant's mother. The accused and the complainant had phone calls, and they discussed a matrimonial alliance. They also exchanged messages on WhatsApp. Complainant and the accused made inquiries about each other's past lives. The complainant's aunt asked the complainant to visit Noida to meet the accused. The complainant asked the accused to meet at Jallandhar, Phagwara or Ludhiana, but she expressed her inability. The complaint also suggested meeting at Chandigarh, to which proposal the complainant initially agreed but subsequently rescinded. They also discussed their personal affairs, including the post-marital intimacy on the phone calls. The complainant also revealed to the accused on 15.8.2022 that he used to visit Spa uCentres due to his desk job. The accused made fun of thiso and insinuated that the accused was going to the spa forC pleasure. The accused also admitted on 19.8.2022 that she had shared the personal details of the complainant with her maternal aunt. The complainant objected to it and forbade her from revealing his personal details to anyone. The complaint Hwent to Noida at the instance of the accused on 25.8.2022. They met on 26.8.2022 at around 5.00 p.m. and spent about four hours together. The accused had a shopping trip at the complainant's expense. The accused advised the complainant to undergo various tests on 27.8.2022. She asked the complainant to meet her on 27.8.2022 to see each other's divorce papers. The complainant went to the appointed place and waited for more than one hour for the accused, but the accused did not bring her divorce papers. The accused took the complainant to her maternal aunt's home, where he was made to wait outside the building. Subsequently, the accused told the complainant that her maternal aunt and her brother wanted to meet the complainant. The complainant objected by saying that he was not ready for this unplanned and unexpected meeting. She also handed over her mobile phone to her maternal aunt, who compelled the complauinant to meet him. The aunt of the accused handed over the omobile phone to the brother of the accused, who made vaguCe and imaginary allegations against the complainant. Subsequently, the accused

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