When FIR can be quashed for offence relating breaking of marriage engagement?
the complainant that upon fraudulent or dishonest inducement
the complainant parted with money, rather, the simple case to
which the complainant came forth, is that settlement of marriage
on being broken, the accused promised to pay a sum of Rs.5
lakhs, which the accused did not pay and thereby it becomes a
pure case of breach of contract, if any, and hence, question of
attracting offence of cheating does not arise.
Similarly, case of defamation is also not made out as
it has never been the case of the complainant that any imputation
was made against the complainant or her family members to
harm her reputation. Allegation what is there is that the accused
No.1 sent several messages on the mobile of son of the
complainant asking her to cancel the marriage, which allegation
does not have ingredients for constituting offence of defamation as
has been defined under Section 499. Similarly, nothing appears to
be there in the complaint to constitute an offence of criminal
intimidation as has been defined under Section 503 of the IPC, as
no such allegation is there to the effect that the accused did
threat either to the complainant or her family members with an
injury or to her reputation or property with intention to cause
alarm to the complainant or other or to cause that person to do
any act which he is not likely bound to do so. Thus, there appears
to be no allegation whatsoever to the effect that the accused did
ever threat the complainant to injure her reputation and thereby
offence of criminal intimidation also does not get attracted. Under
the circumstances, the First Information Report warrants to be
quashed.
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
CRIL PETITION NO.20 OF 2015
Tekcham Romita Devi
Versus
State of Manipur
BEFORE
THE HON’BLE MR.JUSTICE RAKESH RANJAN PRASAD
Dated:6-4-2016
Citation: 2016 CRLJ(NOC)207 Manipur
https://www.lawweb.in/2016/08/when-fir-can-be-quashed-for-offence.html
