THE KARNATAKA HC HELD THAT BREACH OF A PROMISE TO MARRY DOES NOT AMOUNT TO CHEATING UNDER IPC

Justice K Natarajan of the Karnataka High Court restated and quashed an FIR against a man and his family, stating that breaking the promise to marry is not an offense of cheating under Sections 417 and 420 of the Indian Penal Code.

The complainant alleged that she met the man eight years ago. They fell in love, and the man agreed to marry her. However, as his family wanted him to marry another woman, he left the complainant and married the other woman. And thus, the present complaint under section 420 (cheating and dishonestly inducing delivery of property), 506 (criminal intimidation) with Section 34 (common intention) of the IPC.

The counsel appearing for the petitioner contended that a mere breach of promise to marry does not constitute an offender under Section cheating. Further, after the filing of the case, there had been no investigation, and the case was filed only to harass the man.

The Court referred to a Madras HC's judgment in KU Prabhuraj v. State by Sub Inspector of Police AWPS Tambaram and Anr and a Top Court's judgment in SW Palanitkar and Ors. v. State of Bihar and Anr, where it was held that a breach of contract cannot be categorized as cheating unless there was a dishonest intention. In view of the same, the Court quashed the FIR.

Author: Papiha Ghoshal