THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.11683 OF 2010 ORDER: The petitioners approach this Court with a prayer to quash the proceedings initiated against them in C.C No. 365 of 2010 on the file of the Judicial First Class Magistrate, Yemmiganur wherein the petitioners were arrayed as Accused Nos. 1 and 2 for the offences punishable under Sections 420 read with 34 I.P.C. Though notice is served, none appears for the 2nd respondent. The brief facts of the case are as follows: The 2nd respondent-complainant, who is aged about 16 years was living with the first petitioner. It is the further case of the 2nd respondent that the first petitioner promised to marry her, but subsequently, he refused to do so. The complaint by the 2nd respondent is reproduced herein: “I submit one person by name Chakali Raghavendra,S/o. Chakali Ramanna, who is my uncle residing adjacent to our house for the last 1½ years following me and stating that he is in love with me and marry me. About 2 months back, myself and Raghavendra at 12.00 noon were in the house of my grand father Chakali Thimmappa and while so my grand father came and admonished Raghavendra and Raghavendra caught hold the feet of my grand father and promised to marry me after completion of his B.Ed. course and securing teacher job. When my parents conducted a panchayat in the presence of village elders, (1) Kuruva Erappa, S/o. Basanna, 2) Madigapilli Munganna, Magidapalli Ayyanna, the said Chakali Raghavendra and his mother Kashiyamma and father Ramanna and his paternal uncle Ramalingappa have promised to perform my marriage with Raghavendra and thereafter refused to marry me on the ground that they have an marriage alliance with another girl for 6.00 lakhs and we cannot afford to pay the said amount. About our love affair some of the villagers are known. I therefore request you to take action against them for cheating me and render justice.” Section 420 I.P.C. runs as under: “Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also liable to fine.” Section 415 of I.P.C. runs as under: “Whoever by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to cheat. The ingredients of Section 420 of I.P.C. are as follows: 1) Deception of any person 2) (a) Fradulently or dishonestly inducing that person. (i) to deliver any property to any person (ii) to consent that any person shall retain any property; or (b) intentionally inducing any person to do or omit to do anything which he would not do or omit if he were not so deceived; and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property. Admittedly, the complaint does not disclose the ingredients of any offences, more particularly, offence under Section 420 of I.P.C. Hence, this Court is of the view that the proceedings initiated against the petitioners can be quashed. Accordingly, the Criminal Petition is allowed and the proceedings in C.C No. 365 of 2010 on the file of the Judicial First Class Magistrate, Yemmiganur are quashed. ________________________ JUSTICE RAJA ELANGO Dated :18th October, 2011 pnb