Background:
Irfana Nasreen, the petitioner, is the wife of the accused in Court with Cheating Allegations in Marriage, with her husband. She alleges that her husband deceived her by hiding the fact that he was impotent before marrying her. The petitioner discovered his condition only after their marriage and subsequently learned that his first marriage had failed for the same reason. Additionally, her husband received 200 sovereigns of gold jewellery and items worth Rs. 5,00,000 during their marriage. After the truth came to light, her husband divorced her by saying "talak" and left for the U.S.
Petitioner's Argument:
The petitioner's lawyer argued that the police registered a case under Sections 498-A (cruelty by husband or his relatives) and 406 (criminal breach of trust) of the Indian Penal Code (IPC) but failed to include Sections 417 (cheating) and 420 (cheating and dishonestly inducing delivery of property) IPC, even though the allegations indicate cheating. Therefore, the petitioner requested the court to direct the police to include these sections in the FIR.
Respondent's Argument:
The Government Advocate representing the police stated that after receiving the complaint, a case was registered, and the matter was referred to the Social Welfare Department, Madurai, for preliminary inquiry. They assured that they would consider altering the FIR after receiving the report.
Court's Findings:
The court reviewed the case details and noted that the petitioner claimed her husband misled her about his ability to consummate the marriage. This constitutes cheating under Sections 417 and 420 IPC.
Court's Decision:
The court directed the police to include the offences under Sections 417 and 420 IPC in the FIR and to complete the investigation and file the final report within four months, after receiving the report from the Social Welfare Department, Madurai.
Conclusion:
The petition was disposed of with these directions
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Parties Involved:- Petitioner: Irfana Nasreen
- Respondent: The State, Represented by The Inspector of Police, All Women Police Station, Thallakulam, Madurai City. (Crime No.25 of 2022)
Judgment Date: 20th August 2022
Court - Madurai Bench of Madras High Court - Honourable Mr. Justice V. Sivagnanam
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