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Not Going Through Marriage Is Not Cheating, Says Supreme Court

 

GUWAHATI: The Supreme Court ruled that not going through with a planned marriage at a booked venue does not constitute cheating under Section 417 of the Indian Penal Code (IPC).

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The court stated that there could be various reasons for a marriage proposal not materialising, and in this case, there was no evidence of an intention to deceive from the beginning. The man in this case had been accused by the woman of planning to marry but later marrying someone else, causing distress to the complainant who had paid ₹75,000 for the marriage hall.

The complainant filed a case under Sections 406/420/417 IPC, and the accused sought to quash the charges under Section 482 Cr.P.C. The High Court dismissed the charges under Section 406 and 420 but retained the case under Section 417.

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The Supreme Court disagreed with the High Court's decision, emphasising that for cheating under Section 417, the prosecution must prove the accused had the intention to deceive from the start. As there was no reliable evidence presented, the Supreme Court quashed the criminal proceedings under Section 417 IPC.

(With inputs from LiveLaw)

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