Mere Withdrawal From Marriage Won't Amount To Offence Of Cheating Under Section 417 IPC : Supreme Court

The Supreme Court held that mere non-performance of marriage by the accused at the booked marriage hall doesn't amount to committing an offence of cheating punishable under Section 417 IPC.

“We do not see how an offence even under Section 417 of IPC is made out against the present appellant. There can be multiple reasons for initiating a marriage proposal and then the proposal not reaching the desired end. There is no such evidence before the prosecution and therefore no offence under Section 417 is also made out.”, the Supreme Court said.

Reversing the High Court's findings which refused to quash the charge under Section 417 IPC, the Bench Comprising Justices Sudhanshu Dhulia and P.B. Varale observed that to constitute an offence of cheating punishable under Section 417 IPC, it must be proved by the prosecution that the intention to deceive on the part of the accused should be right from the beginning.

“Time and again, this Court has reiterated that in order to make out an offence under cheating the intention to cheat or deceive should be right from the beginning. By no stretch of imagination, this is even reflected from the complaint made by the informant.”

The gist of the dispute was that the complainant and the accused were about to marry and her father had also given Rs. 75,000/- in advance for the marriage hall, but this marriage never took place as she learnt from a newspaper report that the accused has in fact married someone else.

Aggrieved by such an act of the accused, the complainant lodged an FIR against the accused and his family members under Sections 406/420/417 read with Section 34 of IPC.

The accused preferred an application under Section 482 Cr.P.C. to quash the pending criminal case against him, however, the High Court while quashing proceedings under Section 406 and 420 IPC refused to quash the case under Section 417 IPC.

Ultimately, the accused approached the Supreme Court against the decision of the High Court.

The Supreme Court found that there was no intention of the accused to fraudulently or dishonestly deceive the complainant and her father from the beginning.

“There can be multiple reasons for initiating a marriage proposal and then the proposal not reaching the desired end.”, the Court said.

“in order to prove an offence of cheating in such cases prosecution must have reliable and trustworthy evidence”, the Court added.

However, after finding no such evidence is produced by the prosecution to prove the offence under Section 417, the court observed that the offence under Section 417 is not made out.

Consequently, the criminal proceedings under Section 417 IPC are hereby quashed.

Case Details: RAJU KRISHNA SHEDBALKAR VERSUS THE STATE OF KARNATAKA & ANR., CRIMINAL APPEAL NO.577 OF 2024