Mere failure to keep up a promise will not come within the
ambit of cheating. In cases relating to marriages, let down from a promise to
marry does not in any way attract the offence under Section 420 of IPC. In one
such a case before the Hyderabad High Court, the petitioners-accused (A1 and
A2) moved the court with a plea to quash the proceedings against them for the
offences under IPC sections 417 (punishment for cheating), 420 (cheating and
dishonestly inducing delivery of property) and 109 (an offence committed in
consequence of abetment). The judge said that even if the complaint’s
allegations are true, mere failure to keep up the promise will not come within
the ambit of cheating. Based on the petitioners’ promise, if the father of the
girl had incurred any expenditure towards engagement, he can recover the same
by way of damages whose remedy lies in civil law, the judge observed and
quashed the proceedings pending before a lower court.
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NEW INDIAN EXPRESS NEWSPAPER
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