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SUDHANSHU DHULIA, PRASANNA B. VARALE
Raju Krishna Shedbalkar – Appellant
Versus
State of Karnataka – Respondent
ORDER :
1. Leave granted.
2. The appellant before this Court has challenged the order dated 12.07.2021 by which his 482 petition before the High Court was only partly allowed in as much as though the High Court has quashed the proceedings regarding offences under Sections 406/420/417 of Indian Penal Code as far as they relate to the co-accused, and also against the appellant so far as it relates to offences under Sections 406 & 420, but the criminal proceedings against the appellant have not been quashed under Section 417. Thus, still aggrieved he has come before this Court.
3. The facts of this case are that the informant Ms. Sushmita present respondent no.2 had lodged her FIR at Malamaruti Police Station, Karnataka under Sections 406/420/417 read with Section 34 IPC against 6 persons including the present appellant. It was stated in the FIR that the informant is M.Tech. graduate and was working as a lecturer. Her elders were searching a suitable bridegroom for her which they found in the present appellant. The appellant and the informant were thereafter talking to each other on phone and her father had also given Rs.75,000/- in advance for the marriage hall, but this marriage never
The intention to cheat must be established at the time of inducement; mere failure to fulfill a promise does not constitute cheating.
A mere promise to marry, followed by a breach, does not constitute an offence of cheating under Section 420 of IPC unless there is evidence of deception, fraudulent inducement, and intention to cause....
(1) Criminal breach of trust and cheating – In order to constitute offence of cheating intention to deceive should be in existence when inducement was made – Mere failure to keep promise subsequently....
Mere promise of marriage without evidence of fraudulent intention does not constitute cheating under IPC, and subsequent breach cannot sustain criminal proceedings.
Mere breach of contract does not constitute cheating unless fraudulent intention is established from the outset, as per Section 420 IPC.
(1) Dishonest inducement is sine qua non to attract provisions of Sections 415 and 420 of IPC.(2) Any effort to settle civil disputes and claims which do not involve any criminal offence, by applying....
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