Bombay High Court quashes cheating case against woman who eloped days before arranged marriage

The Bombay High Court, on Wednesday quashed a cheating case registered against a woman, her parents and brother who were booked after the woman eloped with her lover just days before her arranged marriage with another man [A and Ors v. State of Maharashtra]..Justices AS Gadkari and Neela Gokhale said that the acts of the accused-woman were of a "hapless young woman" rather than a criminal offence and the facts of the case did not constitute a cognizable offence of cheating under Section 420 of the Indian Penal Code (IPC). Cognisable offences are serious offences in which police is empowered to initiate a probe and arrest persons without warrant from court. "It is a regrettable case of a hapless young woman who went along with her parents’ decision to marry Mr. A but at the last minute developed cold feet to enter a charade of a marriage. Her plight in not being brave enough to confide in her parents about her relationship with Mr. G cannot be construed to as ‘cheating’ as an offence under the IPC nor can it foist a prosecution on her," the Court held.The decision to remain silent can at best be injudicious but not dishonest, the Court said.To make out an offence of cheating, the intention to cheat or deceive should be present right from the beginning. This was absent in the present case, the Court concluded..The case stemmed from an engagement between the woman's family and the groom's family. The engagement took place on March 27, 2022 and the groom's family incurred substantial expenses amounting to approximately ₹1,62,000 for wedding preparations, including jewelry, clothing and invitations. The wedding was scheduled for May 1, 2022..However, on April 28, 2022, the woman's family reported their daughter missing. On April 29, 2022, the groom's family filed a complaint with the police accusing the woman and her family of concealing their daughter's relationship with another man which led them to incur significant costs for the wedding.The four accused - the woman, her mother, father and brother - then moved the High Court to quash the first information report registered against them for offences punishable under Sections 417 (punishment for cheating), 418 (cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect), 420 (cheating and dishonestly inducing delivery of property), 500 (defamation) of Indian Penal Code (IPC)..The High Court, after examining the allegations and the evidence presented, concluded that the case prima facie did not disclose commission of the cognizable offence of ‘cheating’ under Section 420 of IPC."There is no whiff of any dishonesty or intention to deceive in any of the statements of the witnesses as recorded by the Police," the Court said..The Court emphasized that the FIR did not reveal a cognizable offence under Section 420 of IPC, prompting it to quash the criminal proceedings under that provision. However, it allowed for the possibility of pursuing legal action under Sections 417, 418, and 500 of the IPC which are non-cognizable offences, meaning they are less serious offences in which police can arrest a person only after obtaining a warrant from the Magistrate..Advocates Priya Gajar and Amit Karva appeared for the accused.Additional Public Prosecutor Anand S Shalgaonkar represented the State.Advocate Dhananjay K Bhosale appeared for the complainant. [Read Judgment]