Bengaluru: reaffirms that violations of promises to get married do not amounts to cheating under Section 420 of the Indian Code, the Karnataka High Court has canceled the process of a Bengaluru man and his family members.
“This court has adhered to (THE) D Ramesh Sinha vs.
Karnataka State that the promise of marriage and contract violations will not attract the provisions of Section 417 and 420 IPCs.
Such, continuing the process or investigation of the applicant is misuse of legal proceedings.
Therefore, The same thing must be canceled, “Justice K Natarajan observed in his demands, while allowing the petition to be submitted by Venkatesh and his family members.
According to this case, Venkatesh and a girl loved each other for eight years.
Then, supported by the family, he married another woman.
After this, the girl filed a complaint in May 2020 before the Ramamurthy Nagar police station in Bengaluru, accused Venkatesh and his family cheating on and criminal intimidation.
The judge said the Supreme Court, in SV Palanitkar and the other vs.
State of Bihar Case, held “Burus violations of the contract cannot cause criminal prosecution for cheating” unless the intention of cheating or dishonest is shown right at the beginning and precisely.
The time when the violation is said to have been done.
Furthermore, it was noted that in my case Prabhu Raj, Madras High Court has held that violations of promises to get married are not a violation under Section 417 or 420 IPC.
“Here, in this case, the Applicant (Venkatesh) was said to have promised to marry respondents No.
2 (girl), but failed to marry her.
Given the Supreme Court’s assessment, respondents No.
2 have failed to get a case of Petitioner’s Criminal Intection No.
1 From the beginning To cheat the complainant.
Instead, assessment (Madras HC) applies to cases where marriage promises will not attract part 420 IPC, “Justice Natarajan has observed.