In Criminal Petition No.7141 of 2023, The Hon’ble Telangana High Court quashed the case where the accused were facing charges U/s 417 and 420 IPC for allegedly cheating a girl.

In Criminal Petition No.7141 of 2023, The Hon’ble Telangana High Court allowed the petition seeking to quashing of case where the accussed were facing charges U/s 417 and 420 IPC for allegly cheating a girl.

The case unfolded from a complex narrative of a live-in relationship between the petitioner and the defacto complainant, who were colleagues at the same company. The complainant alleged that the petitioner reneged on promises of marriage after engaging in a physical relationship. Despite attempts at reconciliation, the complainant filed a written complaint, leading to criminal charges against the petitioner.

The petitioner's defense centered on the assertion that the relationship was consensual and that promises of marriage were not the foundation of their intimacy. Referencing legal precedents, the petitioner argued against fraudulent inducement or false promises and asserted the clear distinction between “a false promise and a breach of promise.”

Upon careful examination, the Hon’ble Court found significant nuances in the case. It noted, "Thus, it cannot be said that there is any inducement by the petitioner to the defacto complainant to enter into a physical relationship, but in fact, it appears to be the decision of the defacto complainant also to have an intimate relationship with the petitioner herein."

Furthermore, the Court highlighted the legal standard for establishing a misconception of fact, and cited the case decided by the Hon’ble Supreme Court in Pramod Suryabhan Pawar Vs. State of Maharastra in which it stated "To establish whether the 'consent' was vitiated by a 'misconception of fact' arising out of a promise to marry, two propositions must be established. The promise of marriage must have been a false promise, given in bad faith and with no intention of being adhered to at the time it was given. The false promise itself must be of immediate relevance, or bear a direct nexus to the woman's decision to engage in the sexual act."

Drawing upon established legal principles, the Court emphasized the necessity for active and reasoned consent in matters of sexual relations.

In light of these observations, the Court concluded that the provisions of Sections 417 and 420 of the IPC were not applicable to the case. Consequently, the criminal charges against the petitioner were quashed.

The decision, rendered a significant interpretation of consent and fraudulent inducement within the legal framework surrounding intimate relationships.