SOURCE :- SIASAT NEWS
Hyderabad: The Telangana High Court has ruled that a failed romantic relationship involving a promise of marriage does not constitute cheating unless it is proven that the promise was made with dishonest intent from the outset.
The case was filed by K Santosh, a resident of Potyala village in Anthargam mandal of Peddapalli district, seeking to quash criminal proceedings initiated against him based on a complaint by a woman.
Complainant’s allegations
According to the complainant, Santosh proposed to her in 2018 and allegedly pressured her into a relationship by threatening suicide when she initially refused. She stated that the relationship continued for five years.
She further alleged that when she later insisted on marriage, he refused and instead offered financial compensation. Even after elders intervened and he initially agreed to marry her, he later backed out, which she claimed amounted to cheating.
Petitioner’s argument
Counsel for the petitioner argued that the case was registered without sufficient evidence and that the breakdown of a personal relationship cannot be treated as a criminal offence.
The defence also cited previous High Court rulings to emphasise that failed relationships or broken promises, in the absence of fraudulent intent, do not attract criminal liability.
Court’s observations
Justice N Tukaramji referred to key Supreme Court judgments, including Hridaya Ranjan Prasad Verma vs State of Bihar and Pramod Suryabhan Pawar vs State of Maharashtra.
The court noted that for an offence of cheating to be made out, it must be established that the accused had a dishonest or fraudulent intention at the time of making the promise.
No evidence of fraudulent intent
The High Court observed that the relationship between the parties lasted for five years, indicating that it was not initiated with a fraudulent motive.
It held that the case amounted to a breach of promise rather than cheating, as there was no material to show that the petitioner never intended to marry the complainant from the beginning.
Verdict
The court concluded that continuing criminal proceedings in such circumstances would amount to an abuse of the legal process.
Exercising its inherent powers, the Telangana High Court quashed the case against the petitioner, reinforcing that not all failed relationships involving promises of marriage fall within the ambit of criminal cheating.
SOURCE : SIASAT
