L H V PRASAD Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) This is a petition seeking quashing of a complaint in Cr. No.229/96 which has been filed against the petitioners under Section 415, 419 and 420 IPC. The complaint is based on the facts narrated in the complaint. It is submitted that the parents of the complainant gave an advertisement in a news paper seeking marriage alliance for him. Accused No.1 approached him and furnished the particulars of Accused No.4 who was his sister. The accused No.1 claimed that they belong to 'Thoorupu Kapu' community. The complainant belongs to 'Gajula Balija Naidu' community. Both the communities are forward communities and the alliance was accepted by the complainant and his parents. Later on, according to the complainant it was revealed that the girl did not belong to 'Thoorupu Kapu' community but she was from 'Konda Kapu' community which was a Scheduled Tribe. On the basis of these facts the complainant filed a complaint stating therein that he was cheated and he accepted the proposal of marriage on representation that the girl to whom he married belonged to 'Thoorupu Kapu' community. The Police investigated the matter and filed the charge-sheet.

(2.) I have heard the learned Counsel for the parties. The only question before this Court is whether the facts revealed in the complaint even if taken to be true attract an offence under Chapter-XVII of the Indian Penal Code. It is contended by the learned Counsel for the petitioners that, even if the facts stated in the complaint are taken to be true they do not disclose an offence. Chapter-XVII of the IPC deals with offences against the property. So, all the offences which are part of Chapter-XVII of IPC have to be construed with reference to the properly. Cheating is defined in Section 415. For the purpose of appreciating the controversy Section 415 of the IPC is reproduced below:

(3.) For all these reasons, this petition is allowed and the complaint Cr. No.229/96 is quashed. No costs.