498a - giving dowry
Querist :
Anonymous
(Querist) 12 November 2011
This query is : Resolved
My FIL has given written complaint in police/women cell that on my father demand, he has given Refrigator on Shagun ceremony(One day before marriage).
As per my knowledge, what is being delivered voluntarily in connection to marriage is IstiDhan and that on demand, is dowry.
My father is settled abroad now so i want to take this chance despite of FIL claim being false.
As per law giving dowry is also crime. I believe, the above written complaint by my FIL should be treated as self confession and he should be put behind bars.
What i have to do for this. Should i have to file complaint with same authorities or where.
If yes, can you please provide me any format for same. Thanks
Sankaranarayanan
(Expert) 12 November 2011
Is any action or inquiry been made by police ?
Ajay Bansal
(Expert) 12 November 2011
Filing of such complaint can go against you as per your apprehension, mentioned in your query.
Querist :
Anonymous
(Querist) 12 November 2011
Sir, my case is under inquiry by SP/Women Cell.
Sir, as told my father is settled abroad, so believe i can take chance here.
My father being abroad, not part of inquiry hasn't confessed that he has demanded the refrigator but My FIL has self confessed, that he did wrong.
At the most my father won't come back to India again till this is sorted out but my FIL will for sure convict him for self admission of crime.
I request you to kindly enlighten me, if i am wrong in my approach. Thanks
Nadeem Qureshi
(Expert) 12 November 2011
allegation is against you or your father?
if against your father then no need to worry complte the inqury and if the police registered the FIR then file quashing petition before the High Court and get relief. no need to worry,
Rajeev Kumar
(Expert) 12 November 2011
I do agree with experts
Querist :
Anonymous
(Querist) 12 November 2011
Sir, complaint is against my whole family. But in the complaint they have submitted in written that my father demanded Refrigator and they have given on Shagun Ceremony (One day before marriage).
Rest they have complaints that we demanded T.V, cash etc. but nothing have been paid by in laws. Only demands shown by them (They paid or gave nothing as per their complaint except Refrigator as per our alleged demands).
So, i want to put them behind the bars for Refrigator (Dowry given) point.
My case is under inquiry in office of SP and women cell.
Kindly guide. Thanks
Shonee Kapoor
(Expert) 12 November 2011
You are speaking about Dowry Prohibition Act Sec 3.
The complainant is exempt from being prosecuted in the same.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 13 November 2011
Sir, is that means that being complainant, if she is admitting to some crime then also my wife or FIL is exempted.
Sir, then why we say that giving dowry is also crime.
This transaction has been done before marriage so they can't prove that under some pressure/force they gave same. Kindly guide
Devajyoti Barman
(Expert) 13 November 2011
You are here admitting the crime of accepting it and trying to implicate the giver.
So in the other way you should be protected.
File complaint u/s 3&4 of DP Act.
