HC: All breaches of promise not fraud

MUMBAI: All breaches of promise do not amount to cheating, said the Bombay high court last week, while quashing criminal proceedings against a Kolhapur resident and his six family members. The man had eloped with his girlfriend after allowing his marriage to be arranged with another girl.

“If we go by the provisions of Section 415 of the Indian Penal Code (which defines cheating), it would be revealed that all breaches of promise would not amount to cheating,” said Justice AV Nirgude while discharging Rohit Bukate and six of his family members.

Bukate’s wedding ceremony was to take place on December 10, 2012. A day before the wedding, he eloped with another girl.

The father of the bride approached the magistrate court with the argument that Bukate and his family had cheated the bride’s family. Bukate and his family then approached the high court, seeking the quashing of the criminal proceedings.

Acting on their plea, Justice Nirgude held that the family members had not committed any offence as they were in the dark about Bukate’s affair, and when he eloped. “They were also victims of the breach of promise committed by petitioner number 1 (Bukate),” said the judge.

The high court said Bukate could not be accused of cheating, as there was nothing to show he fraudulently induced the bride and her family to take him as a groom.

“It cannot be said that since the beginning he had intention not to marry her and cause loss to her or her parents,” said Justice Nirgude. “Petitioner number 1 had the choice of getting married to the girl with whom he was already in love, or to the proposed bride,” the judge said, adding, “He made the second choice, most probably because of parental or societal pressure. But ultimately, better sense prevailed and he left the parents’ house to be with his love.”

The court clarified that the matter would, at the most, give rise to cause of action for a civil suit, and not criminal proceedings.