Query
yogesh
(Querist) 25 October 2015
This query is : Resolved
Sir,
In Jan 2013 have filed the Criminal Complaint 156 (3) & 190/200 CtPC(on the behalf of my relatives who has been implicated under 498-A/406 IPC) to register the case against the Bride /family under section 2 & 3 of Dowry Prohibition Act-1961 . The Ld MM in response to my Application U/S 156(3) Crpc issue directions to Police to file the ATR. The Polcie obtain the statement of the Bride father where he admit that he has given dowry at the time of marriage at His home town and some articles he has given at New Delhi area. The Police file the ATR by stating that he has no territorial jurisdiction to entertain the complaint and now when the matter was come for clarification/ordsrs, the Ld MM has now stated that if I press on this case he will ask the police to register the FIR on bride as well on groom family. I argued that since the demand is not made by the groom family so giving dowry is an offence but he is not convinced . I sought adjournment and he has given me date
Now sir, what should I do?
1 As the magistrate is adamantly registering the FIR on bothe the families whether I should withdraw the application 156(3) crpc and procced under 190/200 crpc?
2 Oe I should withdraw both the applications?
SAINATH DEVALLA
(Expert) 26 October 2015
Why did U file a criminal case on behalf of the groom's family? UR relationship with them?
As per the Dowry Prohibition Act 1961, the grooms family is more liable to be punished than the brides family,though both giving and taking dowry is a crime. When the brides father has committed that he has given dowry and other valuable articles it is deemed that the groom has received them either on demand or voluntarily.
Rajendra K Goyal
(Expert) 27 October 2015
Discuss with senior lawyer after showing full case file.
T. Kalaiselvan, Advocate
(Expert) 31 October 2015
You have not mentioned your lawyer's opinion to this issue. You have not mentioned that how you are related to this case. The court has found that the application is filed only trouble the respondents hence might have warned you with the consequences that you may also face due to it. Therefore it is better to take your lawyer's opinion who is aware of the prevailing situation.
