there are atleast three essential ingredients constituting an offence of cheating which should be made out from the materials available on record. They are as follows:-
(1)Deception of any person;
(2) Fraudulently or dishonestly inducing that person
(i)to deliver any property to any person or;
(ii) to consent that any person shall retain any property, or and (3) Intentionally inducing that 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.
2) mere promise to marry and later on withdrawing the said promise will not amount to an offence of cheating at all. On such false promise to marry, the person to whom such promise was made should have done or omitted to do something that he would not done or omitted to do but for the deception.
3)there are no materials available on record to show that because of the promise made by you the girl has done anything or omitted to do something which has the tendency to cause damage or harm to the body or mind or reputation or property of the girl
4) Hon'ble Supreme Court in G.V.Rao v. L.H.V Prasad and others (2000 93) SCC 693) wherein, in paragraph Nos.7 and 8, it has been held as follows:-
7.As mentioned above, Section 415 has two parts. While in the first part, the person must dishonestly or fraudulently induce the complainant to deliver any property; in the second part, the person should intentionally induce the complainant to do or omit to do a thing. That is to say, in the first part, inducement must be dishonest or fraudulent. In the second part, the inducement should be intentional. As observed by this Court in jaswantrai Manilal Akhaney v. State of Bombay a guilty intention is an essential ingredient of the offence of cheating. IN order, therefore, to secure conviction of a person for the offence of cheating, mens rea on the part of that person, must be established. It was also observed in Mahedeo Prasad v. State of W.B that in order to constitute the offence of cheating, the intention to deceive should be in existence at the time when the inducement was offered.
8.Thus, so far as the second part of Section 415 is concerned, property, at no stage, is involved. Here it is the doing of an act or omission to do an act by the complainant, as a result of intentional inducement by the accused, which is material. Such inducement should result in the doing of an act or omission to do an act as a result of which the person concerned should have suffered or was likely to suffer damage or harm in body, mind reputation or property.
5) file for quashing before HC. you did not have sex with girl under promise of marriage . because of compatibility problems marriage has been called off
