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rajendra (na)     29 May 2014

Dp act 3 will backfire?

Hi,

Case launched against us undersection 498A DP ACT 3 & 4..

in FIR opposite party mentioned they gave dowry of xxxx amount as dowry also they mentioned the in domestic violence..

Now i am planning to launch DP act 3 on opposite party..

1)is it a good idea?

2)will opposite party get punished or wil back fire to us?

3)What if we deny that we didnot asked as dowry how the court consider this?

any other suggestions?



 17 Replies

Dr J C Vashista (Lawyer)     29 May 2014

Q1 )is it a good idea? Yes

2)will opposite party get punished or wil back fire to us?  It depends upon the evidences

3)What if we deny that we didnot asked as dowry how the court consider this? It is a matter of trial

T. Kalaiselvan, Advocate (Advocate)     31 May 2014

Expert Dr. Vashista has properly answered your queries, nothing more to add, I agree with his views.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     01 June 2014

Giving dowry and taking dowry both are offence. If she is telling that she have given dowry then committed the same offence.

 

File RTI to the SPIO of SP to find out whether the IO have collected any documentary evidence like money has been given or taken? any bank transactions? If yes, then ask for copy of those documentary evidences.

 

I am sure the IO did not.

 

File perjury against her with all contradictory points.

 

Please take reference from my post for details from the link bellow: -




https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U4rXrnbYVdg

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 June 2014

Though I also used to advise about filing DP3, tried filing it myself and helped few people in drafting such complaints, but never with any success.

 

People still advise about filing DP3 case, but I have not seen/ heard any one successful case of DP3 filed and taken to logical conclusion. Few cases were filed but all were quashed by respecfive High Courts and the challange of Delhi HC order in SC was also dismissed by SC. 

 

So, it is better to not expand your energies in such futile exercises and defend the case on other merits.

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
 
1 Like

(Guest)

I don't find any merits of filling DP3.It is correct that giving and taking Dowry is an offence as per law but there is hardly any conviction in this regard as mentioned By Mr.  Shonee Kapoor & It only increases one more litigation 

 

Thanks and regards,

 

Sunishchai Sachar

9711259959

rajendra (na)     02 June 2014

Thanks for all your answers...

In my view filing case mean just to keep pressure on opposite party..I know DP3 will not have any success..

Opposite party filed 498A along with DP act 3 &4(false case) and they know this will have no success for them and by showing this they will play their game however they want..

So its my time for filing and leave the case.Let the opposite party go to Hc and get quash..

Its my strategy(they will not spend money on courts)

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 June 2014

Hmmm, if you think any substantive pressure can be created, go ahead. You would have to spend time iin courts yourself to get the accused summoned in the said case as well.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
1 Like

rajendra (na)     07 June 2014

Hi,

I have met policemen yesterday and he told me to file it as a private complaint and meet the police man on 10th.

will see how it works

Adv. Chandrasekhar (Advocate)     07 June 2014

Read Section 7(3) of the D.P. Act.  Dowry givers were protected from prosecution.  Any action to prosecute the dowry givers is nothing but malacious prosecution.  As said above, Justice Ajit Barihoke in Saxena's case very aptly described the agony of the girls in this country, who are forced to part with dowry for getting married.  And his decision was upheld by the Supreme Court.  Just pick up the phone to marriage bureau and ask him and he would come out with the dowry demands of the bride grooms in their list.  The scourge of dowry has not vanished but with the greed of society, it has flourished snapping away the innocent lives of many.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 June 2014

Adv. Chandrashekhar,

 

Now that you have raised such points, and you know of such bureaus, why don't you report the same to police by collecting evidence. 

 

It is wrong to suggest that such practise of demanding dowry are as prevalent as you suggest. A fear psychosis is created in the media about such things to benefit and sustain some laws which have been repeatedly stated by various HCs and SC even. Much more than that judgment which you are quoting.

 

I can assume the possibility of people expecting dowry, but demanding in such times, despite such tough laws being in place. Impossible.

 

If the dowry expectation and demands are growing despite such laws, then the law has failed to serve the purpose and we need drastic change in law. 

 

Every benevolent provision of law, which are passed to protect a weaker section of society should have strict penalties for false cases, because the people who file false cases are doing the biggest injustice against the real victims, who are seen with a eye of suspicion by everyone due to such gross misuse.

 

The opinions expressed are mine.

 

Regards,
 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
 

rajendra (na)     03 July 2014

Hi,

Today my case DP act 3 came for hearing and judge looked at me with surprise!!!!

Asked my lawyer what you need now and my lawyer explained to the judge since the opposite party claims they gave dowry so DP 3 will be applicable to them and please forward this case to Police station to register FIR.

judge laughed and said "my marriage is also is there in August so what ever the gifts and money given to him is that also gift not dowry?Judge told with smile rethink on your case and if you put this case then indirectly you accepted the dowry.

I told to the judge the case the opposite party put is false case and made us suffer.

judge told i know this case is for revenge..I will give a week time and come back to me if you want to forward this case to PS. Next hearing Date is friday(11-07-2014)

I told my lawyer irrespective of the circumstances plz move this to PS( as i already match fixed with police)

Sugam Dayal (Business)     03 July 2014

Hi Raj - my 2 cents

If you think your case is strong and they have falsely implicated you and your family, why don't you go for Section 211, 205 and try Section 191. You should consult your as i am not a lawyer but came to know about these Sections while reading through different post. I think Indian law supports those who have innocent , but we have to stand up for it as well.

Section 191 in The Indian Penal Code
191. Giving false evidence.—Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or be­lieves to be false or does not believe to be true, is said to give false evidence


Section 211 in The Indian Penal Code
 
211. False charge of offence made with intent to injure.—Whoev­er, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both; and if such criminal proceeding be instituted on a false charge of an offence punishable with death, 1[imprisonment for life], or imprisonment for seven years or upwards, shall be punishable with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.

Section 205 in The Indian Penal Code
205. False personation for purpose of act or proceeding in suit or prosecution.—Whoever falsely personates another, and in such assumed character makes any admission or statement, or confesses judgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit or criminal prosecu­tion, shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both.

Sugam Dayal (Business)     03 July 2014

I need to do some more research, but if the intention of your in-laws are wrong, you can try to get a case of CONSPIRACY IPC-120

 

Also Defamation Case

 Section 499 of the IPC provides that any person whose reputation has been damaged (or was intended to be damaged) by the material in question can sue for defamation. ‘Any person’ refers to a single individual, an association or collection of persons or a company.

Sugam Dayal (Business)     03 July 2014

because if you loose, you will loose, but if you win, they will loose. If not done, As per DV Act, the wife does not hear any bell from administration.

There are can be other cases, but yes, make sure you are not indulging in illegal tactics. 

Though indian court and law is slow, with the help of internet you can get so many case references, study them.

 

just keep one thing is mind - do not inculcate a feeling of revenge, anger, greed, jealousy or lust. Just  concentrate on getting justice because someone wrong wrapped you.


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