Allegations in FIR did not meet necessary legal criteria for invoking offences under the Dowry Prohibition Act and IPC, leading to quashing of proceedings.

1. Accused Nos.1 to 3 are before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings as against them in Crime No.450/2023 registered by Vidyaranyapura Police Station, Bengaluru City, for the offences punishable under Sections 3 and 4 of the Dowry Prohibition Act, 1961 and Section 417 read with Section 34 of IPC , which is pending before the Court of XLI Addl. Chief Metropolitan Magistrate, Bengaluru.

2. Heard the learned counsel for the petitioners and the learned HCGP for respondent No.1/State. Respondent No.2/defacto complainant, who is served in the matter has remained unrepresented before this Court.

3. Facts leading to filing of this criminal petition as revealed from the records are, the marriage engagement ceremony of the first petitioner with Divya, who is the niece of respondent No.2 was performed on 01.11.2023. The allegations in the first information which has resulted in registering FIR in Crime No.450/2023 by Vidyaranyapura Police Station, Bengaluru City, against the petitioners herein for the aforesaid offences is that, after engagement ceremony was held on 01.11.2023, the accused demanded that the joint family property belonging to father of Divya be transferred in the name of accused No.1 - Harish. Accused allegedly threatened that if the said demand is not fulfilled, they would not hesitate to cancel the marriage.

Defacto complainant and family members of Divya had assured to meet the demands of accused but since the said demand of accused was not met by defacto complainant and other family members of Divya, accused allegedly did not turn up for the marriage that was scheduled to be performed on 14.12.2023. It is in this background, defacto complainant had approached the police on 14.12.2023 and based on his first information, FIR in Crime No.450/2023 was registered.

4. Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that even if complaint averments are presumed to be true, alleged offences cannot be made out against the petitioners. Suit in OS No.982/2004 seeking partition filed by Divya and others as against defacto complainant and his father has been dismissed. Therefore, no property is allotted to the share of Divya or her father. He submits that for extraneous reasons, respondent No.2 has approached the police. The marriage broke down because of difference of opinion between first petitioner and Divya and this is evidenced from the text messages exchanged between them which is produced along with the petition. Accordingly, he prays to allow the petition.

5. Per contra, learned HCGP has opposed the petition. She submits that after the marriage engagement ceremony was performed, defacto complainant and his family members were made to spend huge money to meet the marriage expenses and on the date of marriage, accused persons did not turn up and have caused embarrassment and loss to the defacto complainant. Accordingly, she prays to dismiss the petition.

6. FIR in Crime No.450/2023 has been registered by Vidyaranyapura Police Station, against the petitioners herein for the offences punishable under Sections 3 and 4 of the Dowry Prohibition Act, 1961 and Section 4 17 read with Section 3 4 of IPC . Section 3 of the Dowry Prohibition Act, 1961 provides for penalty for giving or taking dowry and Section 4 provides for penalty for demanding dowry. There is no such allegation in the first information, that there was any demand made by the petitioners herein for demand of dowry. The averments made in the first information prima facie lack necessary ingredients for invoking Sections 3 and 4 of Dowry Prohibition Act against the petitioners herein.

7. Section 417 of IPC provides for punishment for cheating.

Cheating is defined under Section 415 of IPC . Section 415 of IPC reads as follows:-

"415. Cheating.—Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any