Marriage proposal “not reaching desired end” not fraud: Supreme Court

The woman said her father had booked a marriage hall (Representational)

New Delhi:

The Supreme Court recently dismissed a fraud case against a man who did not marry a woman even after talking to her family.

Justices Sudhanshu Dhulia and Prasanna B Varale, while quashing a case against Raju Krishna Shedbalkar, said, “There can be many reasons for initiating a marriage proposal and then the proposal not reaching the desired end.”

Raju Krishna Shedbalkar had approached the Supreme Court against the 2021 Karnataka High Court order convicting him of fraud under Section 417, which is punishable with jail up to one year or fine or both.

“Time and again, this Court has reiterated that the intention to deceive or defraud must be present right from the beginning to constitute the offense under fraud. There is no limit to the imagination, this is also reflected in the complaint made by the informant. ” “The Supreme Court said.

A case was registered against Raju Krishna Shedbalkar, his brothers, sister and mother based on a complaint by a woman who alleged that they had cheated her by not marrying her.

The woman alleged that her family found Mr Shedbalkar suitable for her and the two had started talking to each other.

He said his father had also paid Rs 75,000 to book the wedding venue, but he learned that Mr Shedbalkar had married someone else.

The Karnataka High Court had dismissed the case against all the accused except Mr Shedbalkar. The High Court said that since he had “instigated the woman’s father to book the wedding hall, there is prima facie material to make out a case”.

Overturning that decision, the Supreme Court said there was no evidence to prove that the man had any intention of deceiving the woman. “It is still theoretically possible that in order to prove the offense of fraud in such cases the prosecution must first have credible and reliable evidence to prosecute such a case. The prosecution has no such evidence and hence There is no offense under section 417.” Made it,” the judges said.