My family has been booked under 498-A/406 IPC on the complaint made by Sister-in law. In complaint he has alleged that he has given huge dowry at the settlement of marriage and made bogus list worth of Rs 40-50 lakh. In the FIR/Complaint he nowhere has stated that we have demanded dowry
On the legal advice, we filed the case under section 2/3 of Dowry prohibition Act-1961 by invoking sections of 156(3) & 190/200 of Crpc before the court of ld JMFC. On the application of 156(3) Crpc, the complaint was referred to the area Police where police take the statement of my Brother’s Father-in law in which he has admitted that he has given huge dowry. But the Police did not register the FIR on grounds of territorial Jurisdiction and filed the ATR in the Ld JMFC court
The matter was heard and re-heared many times. Finally on today, the Ld JMFC said that he is not convinced as far as disposing of section 2/3 of D.P Act is considered, he will booked both the parties in FIR as both giving and taking dowry is crime. we have argued that now here in complaint we have admitted that we have taken dowry nor there is demand from our side. But he has not convinced. Finally he has granted 1 month adjournment for clarification
No my queries are:
Whether we can claim immunity under section 7 (3) of Dowry prohibition Act and pryed the Ld JMFC to booked the proposed accused for “giving” dowry?
Any relevant judgments/citations which can be useful for convincing the Ld JMFC?
Whether its wise to withdraw the application under 156(3) Crpc as Ld JMFC is adamantly implicating the complainant for “Taking the dowry” under section 3 of D.P Act?
If we withdraw the application under 156(3) of Crpc whether Ld JMFC can allow us to lead the case under 190/200 of crpc?