The Supreme Court, in the case of Raju Krishna Shedbalkar vs State of Karnataka and anr, emphasized that the failure of a marriage proposal to materialize can stem from various reasons, and unless there is evidence indicating an intent to deceive, it does not constitute a cheating offense.
A recent ruling by a panel of judges consisting of Justices Sudhanshu Dhulia and Prasanna B. Varale dismissed a case of adultery under Section 417 of the Indian Penal Code (IPC) against a man (petitioner/appellant) who had discussions about marriage with the girl’s family but didn’t proceed to marry her.
The Court highlighted that initiating a marriage proposal that doesn’t culminate in marriage isn’t necessarily deceptive unless there’s substantial evidence proving an initial intention to deceive.
While acknowledging that a failed marriage proposal could potentially involve deceit, the Court stressed that the prosecution must present credible evidence to establish cheating. Absence of such evidence renders the offense under Section 417 unproven, the Court concluded.
The case stemmed from a complaint filed by a woman who felt deceived when the petitioner decided against marrying her. The complaint alleged that despite discussions and a monetary transaction for matrimonial purposes, the petitioner ultimately married someone else.
An FIR was lodged under various sections of the IPC against the petitioner and others. The High Court dismissed the case against some defendants but maintained it against the petitioner.
However, the Supreme Court, after examining relevant legal provisions and precedents, ruled that for an act to constitute cheating, there must be an initial intent to deceive or defraud, which was not apparent from the complaint in this instance. Hence, the case against the petitioner was dismissed.
The accused was represented by attorneys from S-legal Associates, while the Karnataka government was represented by other attorneys. The complainant was represented by a separate legal team.
