"If one gives dowry in compelling circumstances succumbing to the demands of the groom's family giving dowry is not a crime".
IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 12.02.2007
Date of Decision: February 23, 2007
CRL.M.C.7262/2006
23.02.2007
Smt. Neera Singh….. Petitioner
Through:Mr. L.B. Rai and Mr. V.K. Singh,
Advocates
Versus
THE STATE (GOVT. OF NCT OF DELHI) and ORS…..Respondents
Through: Mr. Vikas Arora, Advocate for respondent
Ms. Richa Kapoor with Ms. Sukriti Bhardwaj, Advocates for State.
CORAM:
JUSTICE SHIV NARAYAN DHINGRA
3. A perusal of the complaint would show that as per allegations dowry demand was made even before marriage i.e. at the time of engagement and an AC was demanded from her father by her in-laws and her father had assured that AC would be given at the time of marriage. However, she told her father “You have given car and AC at the demand of in laws, what will happen if they demand a flat tomorrow?”. Despite her this conversation with her father and despite her knowing that dowry demand had already been made, she married in the same family irrespective of the fact that she was well-educated lady and was an engineer and her brother was in police. In fact, these kinds of allegations made after breakdown of the marriage show the mentality of the complainant. I consider where these kinds of allegations are made, the police should simultaneously register a case under Dowry Prohibition Act (in short, the Act) against the parents of the complainant as well, who married their daughter despite demand of dowry. Section 3 of the Act prohibits giving and taking of dowry. If a woman of grown up age and well educated gets married to a person despite dowry demand, she and her family becomes accomplice in the crime under Dowry Prohibition Act.