In the present case, the complainant and the accused were about to marry and complainant’s father had also given Rs. 75,000/- in advance for the marriage hall, but this marriage never took place as the complainant found out from a newspaper report that the accused has married someone else. Aggrieved by such an act of the accused, the complainant lodged an FIR against the accused and his family members under Sections 406/420/417 r/w Section 34 of IPC.

Consequently, the accused preferred an application under Section 482 Cr.P.C. to quash the pending criminal case against him. However, the High Court quashed proceedings under Section 406 and 420 IPC but refused to quash the case under Section 417 IPC. Eventually, the accused approached the Supreme Court against the decision of the High Court.

Whether a withdrawal from marriage amounts to offence of cheating under Section 417 Indian Penal Code?

The Court observed that “We do not see how an offence even under Section 417 of IPC is made out against the present appellant. There can be multiple reasons for initiating a marriage proposal and then the proposal not reaching the desired end. There is no such evidence before the prosecution and therefore no offence under Section 417 is also made out.”

Thus, the Supreme Court quashed the criminal proceedings against the Appellant under Section 417 of the Indian Penal Code.