DP3 complaint on abettor

Exactly same question here. Please help.

Hello LCI,

Same question from my side also, it will be help fo rmany other victims, reply asap

Rgds

Dear Forum members,

 mine also same question, help the 498a victims.

Sir,

Can legal witness in a 498a case can be the eye-witness (abettor) for the same case.

There is a order from judge from the FCJM on DP3 on govt servant (POLICE Dept)

with the same i woudl like to try DP3 on abettor, 

the FIR was regfistered on the Police but the police took stay.

hence i need this calarification about abettor, so that i can try complaint on DP3 with the order

thanks

under DP7(3) she is aggrived person and you cannt sue her for that.

but if she give statement like her parents gave dowry and other relatives where at that time then you can file DP3 on all of them.

here is the sample how we filled DP3 https://mynation.net/docs/sample-dp3/

hi,

You can file DP3 against your wife and her parents if they claim that they have given dowry to you without any demand at your part and they have given the same. However, if there are such circumstances that without dowry marriage of their daughter  with you is not possible than they are not liable for the offence u/s 3 DP Act.  

please reframe your query that "Can legal witness in a 498a case can be the eye-witness (abettor) for the same case."

However, an accomplice (abettor) can't be eye-witness in the same case.

Advocate Shaad Anwar

K-160, Tis Hazari Courts

Mob: +91 9811038828

shaad@mylawyerdelhi.com

https://www.mylawyerdelhi.com

Heading of this threat is little confussing.

Shaad anwar is wrong, even there is no dowry demand and they give and later file 498a then Girl will be Aggrived person.

Read  DP7(3) [ https://mynation.net/laws/bare-acts/dowry/dp3-s7.htm ]  where it says "a statement made by the person aggrieved by the offence shall not subject such person to a prosecution under this Act."

in detail it explained here https://mynation.net/voice/dp7/ for your reference.

Yes.You can file complaint for giving dowry,which is punishable in DP act.

@ Dear Crusader,

“It is obvious that the girl and her parents were confronted with the unenviable situation either to concede to the demand or face loss of honour of their family in society, and if under that fear, the girl and her parents conceded to the demand for dowry, they cannot be faulted as they were victims of circumstances,”  otherwise in normal circumstances, she would not come under the definition of victim as enshrined under section 7(3)DP Act.

For reference  kindly see the Judgment of J. Ajit Bbharihoke Delhi High court on DP3 in W.P.(CRL.) NO. 501/2010 Pooja Saxena vs. State.

Thanks n Regards,

Advocate Shaad Anwar

K-160, Tis Hazari Courts

Mob: +91 9811038828

shaad@mylawyerdelhi.com

https://www.mylawyerdelhi.com

As per you none can be charged then why DP says Dowry givers also Guilty. ?

When there was no Dowry demand but they gave, thats not "victims of circumstances" nor DP7(3) cover them.

what Girl family lose in front of society is not men / husband or his family problem, most of the time Girls family want to show their capacity and just give but later when marriage is in the brink of Divorce, they file DP4 (498A IPC), in this only girl is aggrived person not her parents or relatives who witness false 498A case, so men can file file DP3 when there was no demand for Dowry.

Anyway in

https://mynation.net/docs/501-2010/  POOJA SAXENA vs state

ACMM  has directed registration of FIR against the petitioner herein ignoring the protection extended to the petitioner under Section 7(3) of the Dowry Prohibition Act 1961

Dear Experts, 

since struggling here and there from psot to pillar against for my false cases(Maintenance/Divorce/498a) i could not concentrate much on DP3.

i filed  a DP3 complaint to Police Station after one year. However no action taken by police. RTI filed, but  it was a deemed refusl complaint pending in SIC

i am still struggling for my defence.  

Fact of case:

only 498a , no dp 3, 4, or 6. 

claimed that they gave dowry

no dowry taken for  marriage.

my complaint was 23 months back.

still i can file DP3 on x-laws(xFIL/xMILxBIL)

please suggestions

If you are not refering their complaint then you can file DP3 case on them anytime;

just you need some proof and 2 witness

or file a petition in court and get direction to police to register FIR

@ Crusader

i am bit confused 

What complaint i should not refer to 

the complaint what  they gave in 498a agaisnt me

or

the complaint which i filed to PS against x-laws

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regrading proofs:

i dont have any proof and 2 witness

except the FIR/complaint/charge sheet & CrPC 161 Statements of x-laws.

witness only my parents from myside

and others from xfil/xmil & other persons who gave staemnts in CrPC 161 Statements