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Rahul Kumar (Business Analyst)     28 December 2012

Lodging fir u/s 3 of dowry prohibition act

Hi,

My wife's father has lodged a false F.I.R u/s 498 A, 323, 506, 313, 504 and 3/4 DP Act.  In his F.I.R he has admiited giving huge dowry beyond his capacity at the time of marriage. I have made a complaint to Police tobook my wife and her family in DP-3. But, the police didn't took any cognizance and didn't registered the F.I.R.

I'm planning to move local court to get it lodged under section 156(3) Cr.P.C.  My lawyers have advised me to go forward as they are covered in DP-3 and in my police complaint I have specifically mentioned that the marriage that had happened was dowryless and I have taken any dowry since they have cliamed to give hige dowry so they should also be booked under DP-3.

Another legal counsel advised me not to go for it as it would strengthen claim of demanding a dowry of Rs. 10 Lacs covered in section 4 of DP Act. But my point is section 3 and 4 of DP Act are entirely different things. Also, my in-laws have not submitted any list of dowry articles to court and police till date. So that is all a blantant lie.

All learned counsels kindly advise me that whether should I get the FIR registered u/s 156(3) cr.p.c under DP-3 against my in-laws ans wife or Should I drop the idea as it would backfire on us?



Learning

 4 Replies

Arjun Gupti (Business)     28 December 2012

Good question Rahul. But I think our stupid judicial system is too soft for girls / women so lets see what our lawyers and advocates have to say.

Munirathnam (Scientist)     28 December 2012

Hi,

 

In one hand you say that dowry is not given and the case against you is false.... on the other hand you say that your In-Laws gve dowry and punish them....

 

If you say that In-Laws agve dowry and punish them it would be meaningful, but you may go to jail without need of prosecution.... and if you say that with force In-Laws gave you dowry, then no body listen to you....

 

But you can file a discharge application stating that police did not find any dowry that is given to you hence they could not register case under section 3 of DP act ehne the charge under section 3 of DP Act shall be removed..... this owuld be useful to you.

 

Else file criminal consipracy against all your dowry case witnesses for fabricating false evidecne against you then police will investigate it and bring the sources of dowry etc...

 

file counter case before police and if police do not register then file private case in court directly then pray court to direct the police to investigate it.

Rahul Kumar (Business Analyst)     28 December 2012

Hi, My wife's father has lodged a false F.I.R u/s 498 A, 323, 506, 313, 504 and 3/4 DP Act. In his F.I.R he has admiited giving huge dowry beyond his capacity at the time of marriage. I have made a complaint to Police tobook my wife and her family in DP-3. But, the police didn't took any cognizance and didn't registered the F.I.R. I'm planning to move local court to get it lodged under section 156(3) Cr.P.C. My lawyers have advised me to go forward as they are covered in DP-3 and in my police complaint I have specifically mentioned that the marriage that had happened was dowry less and I have not taken any dowry since they have claimed to give huge dowry so they should also be booked under DP-3. Another legal counsel advised me not to go for it as it would strengthen claim of demanding a dowry of Rs. 10 Lacs covered in section 4 of DP Act. But my point is section 3 and 4 of DP Act are entirely different things. Also, my in-laws have not submitted any list of dowry articles to court and police till date. So that is all a blatant lie. All learned counsels kindly advise me that whether should I get the FIR registered u/s 156(3) cr.p.c under DP-3 against my in-laws and wife or Should I drop the idea as it would backfire on us?

Raman (student)     28 December 2012

I have the same query..As per CRLMC of Delhi high Court Hon'ble Justice shiv Narayan Dhingra has clearly stated that case should be bokked under 3 of DP act aginst the girl family

Moreover if you file case then it means you are the complainant and nothing will happens to you as you are promoting the criminal law in to motion either by 16(3) or by 202 of crpc which either dismiss the case or issue strict process aginst all the accused..Mustr made them parties


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