THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.7003 OF 2023

O R D E R:

This Criminal Petition is filed by the petitioner seeking to quash the proceedings against him in S.C.No.68 of 2024 on the file of the learned I Additional District and Sessions Court, at Bhongiri, Yadadri-Bhuvanagiri District.

2. Heard Mr.V.Ramesh Kumar, learned counsel for the petitioner, Mr.E.Ganesh, learned counsel for respondent No.1- State and Ms.Gayatri, learned counsel for unofficial respondent No.2.

3. The brief facts of the case are that on 03.05.2021, respondent No.2/de facto complainant lodged a complaint against petitioner/accused stating that upon knowing that the complainant is living separately from her husband, the petitioner, induced her stating that he will marry him; that the complainant stated that she was a married woman but, the petitioner took her to various places, promised to marry her after obtaining divorce from her husband and repeatedly had sexual intercourse with her; that the petitioner failed to marry her after obtaining divorce from her husband. Basing on the said facts, the present case is registered against the petitioner for the offences punishable under Sections 417, 420, 506, 496 and 376(2)(n) of I.P.C.

4. Learned counsel for the petitioner contended that respondent No.2, on her own accord, travelled along with him to foreign countries and had consensual sexual intercourse with him. He further stated that respondent No.2 herself stated that she is willing to marry him after obtaining divorce from her husband. Therefore, he submits that unless respondent No.2 obtains divorce from her husband their marriage cannot be performed legally and that the allegations leveled against him are false and baseless. Therefore, he seeks to pass appropriate orders.

5. Learned counsel for unofficial respondent No.2, by filing counter affidavit, submitted that the petitioner had taken advantage of the situation of respondent No.2 and to satisfy his lust, had sexual intercourse with him with a false promise to marry her after obtaining divorce; that after obtaining the decree of divorce the petitioner refused to marry respondent No.2. Therefore, he submits that the consent obtained from respondent No.2 is not a free consent and seeks to dismiss this Criminal Petition.

6. Having regard to the submissions of both the learned counsel and relying on the decisions passed by the Hon’ble Supreme Court in Raju Krishna Shedbalkar Vs. State of Karnataka and another¹, wherein it is held that in order to make out an offence of cheating, the intention to cheat or deceive should be right from the beginning and Vartha Shanker and another Vs. State of Telangana represented by its P.P. and another, 2018 SCC On Line Hyd 223, wherein it is held that mere failure to keep up the promise to marry will not come within the ambit of cheating, this Court is of the opinion that the overt acts attributed to the petitioner/accused does not fall within the ambit of cheating. Hence, the petitioner is not liable for the offences under Sections 417, 420, 506, 496 and 376(2)(n) of I.P.C. and hence, the proceedings in S.C.No.68 of 2024 on the file of the learned I Additional District and Sessions Court, at Bhongiri, Yadadri- Bhuvanagiri District in so far as the petitioner are concerned stands quashed.

7. Accordingly, this Criminal Petition is allowed.

Miscellaneous Petitions, pending if any, shall stand closed.

_____________________ E.V. VENUGOPAL, J Date: 27.02.2025 ESP

2024 SCC On Line SC 200

THE HON’BLE SRI JUSTICE E.V. VENUGOPAL

2930 CRIMINAL PETITION No.7003 OF 2023 Dated: 27.02.2025

ESP