No case of cheating against woman and family after she runs away with her lover after engagement with another: Bombay HC

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The Bombay High court said that the woman’s reluctance to disclose her relationship could not be classified as cheating under IPC

The Bombay High Court (HC) recently observed that a case of cheating cannot be filed if the girl runs away with the lover after the engagement with the boy decided by her parents.

The HC ordered the police to quash the case, observing that if a case of fraud is to be registered, the complaint should show the intent to defraud.

The bench of Justice Ajay Gadkari and Justice Neela Gokhale were hearing the petition on Wednesday, August 28, filed by the boy and his family with whom the girl’s family had fixed the marriage.

On May 1, 2022, a young girl from Mumbai got engaged to a Pune man in a grand celebration. However, the said young woman ran away with her boyfriend with whom she had an affair. Later, they both got married.

The man’s family filed a complaint with the police saying that the family knew about the affair but they cheated us by arranging her marriage with our son.

According to the complaint, the police registered a case of cheating against the young woman and her family. They also moved the court regarding the same.

The court first heard the arguments of both sides. It was then remarked that if the girl eloped with her lover even after the verdict was delivered, a case of cheating could not be filed against them.

The young woman and her family had no intention of deceiving the complainant and his relatives. The concerned young lady could not inform her parents about her love. The High Court also said that maybe she did not have that much courage, that’s why she ran away.

The girl and her family have not benefited from this. On the other hand, the bench also clarified that the girl ran away after the engagement, and she became infamous in the society. The court also criticized the girl’s decision to remain silent about love. He also ordered the police to withdraw the case of cheating against them.

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