Summary of Judgement
1) Introduction: The court took up the final hearing with the consent of both parties regarding an FIR filed under various sections of the Indian Penal Code (IPC) against a girl and her family. The case arose from the girl eloping with her lover days before her arranged marriage, leading the groom's family to allege cheating and defamation.
2) Facts of the Case:
- The groom’s family had proposed marriage to the girl in March 2022, leading to an engagement on 27th March 2022.
- Both families began marriage preparations, with the groom's family incurring expenses totaling Rs. 1,62,000.
- On 29th April 2022, the girl’s family reported her missing. She had eloped with her lover, leading the groom’s family to file an FIR alleging cheating and defamation.
3) Arguments:
- Applicant’s Counsel: Argued that there was no intent to cheat or defame. The girl eloped out of fear and had not informed her family about her relationship. The applicants also suffered embarrassment and financial loss.
- Respondent’s Counsel: Contended that the applicants were aware of the girl's relationship and deliberately withheld this information, causing financial loss to the groom's family.
4) Court’s Analysis:
- The court noted that the expenditure by the groom's family was voluntary and found no evidence that the girl's family intended to deceive or cheat.
- Citing the Supreme Court's principles, the court stated that for an offence under Section 420 IPC, there must be a dishonest intention from the beginning, which was not evident in this case.
5) Conclusion:
- The court quashed the FIR under Section 420 IPC, noting that no cognizable offence was made out.
- However, the court reserved liberty for the groom’s family to pursue civil remedies under Sections 417, 418, and 500 IPC if they so desired.
Case Title: Mr. Anil Dnyandev Pawar & Ors. Versus The State of Maharashtra &Anr.
Citation: 2024 LawText (BOM) (8) 281
Case Number: CRIMINAL APPLICATION NO. 48 OF 2023
Date of Decision: 2024-08-28