Strange mystery created by ld jmfc
Raj
(Querist) 10 September 2015
This query is : Resolved
Dear Sir,
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:
1 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?
2 Any relevant judgments/citations which can be useful for convincing the Ld JMFC?
3 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?
4 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?
SAINATH DEVALLA
(Expert) 11 September 2015
An Act to prohibit the giving or taking of dowry
Be it enacted by Parliament in the Twelfth Year of the Republic of India as follows:
1. Short title, extent and commencement.-(1) This Act may be called the Dowry Prohibition Act, 1961.
It extends to the whole of India except the State of Jammu and Kashmir.
It shall come into force on such date as the Central Government may, by notification in the official Gazette, appoint.
2. Definition of `dowry’.-In this act, `dowry’ means any property or valuable security given or agreed to be given either directly or indirectly-
(a) by one party to a marriage to the other party to the marriage; or
(b) by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person;
at or before or any time after the marriage in connection with the marriage of said parties but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.
***
Explanation II.-The expression `valuable security’ has the same meaning as in Sec. 30 of the Indian Penal Code (45 of 1860).
3. Penalty for giving or taking dowry.-(1) If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than five years, and with the fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more:
Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than five years.
* * * Explanation I omitted by Sec.2 w.e.f 2nd October, 1985
(2)Nothing in sub-section (1) shall apply to or, in relation to,-
presents which are given at the time of a marriage to the bride (without nay demand having been made in that behalf):
Provided that such presents are entered in list maintained in accordance with rule made under this Act;
presents which are given at the time of marriage to the bridegroom (without any demand having been made in that behalf):
Provided that such presents are entered in a list maintained in accordance with rules made under this Act;
Provided further that where such presents are made by or on behalf of the bride or any person related to the bride, such presents are of a customary nature and the value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given.
GO THROUGH THIS JUDGEMENT:
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
1 CRIMINAL APPEAL NO. 684 OF 2013
(Arising out of S.L.P. (Crl.) No. 7293 of 2009)
Madhao & Anr. …. Appellant(s)
Versus
State of Maharashtra & Anr. …. Respondent(s)
P. Venu
(Expert) 11 September 2015
Your profile suggests that you have been creating mystery through your queries.
SAINATH DEVALLA
(Expert) 11 September 2015
UR profile says LAW, are U a lawyer or a Law Student
Raj
(Querist) 11 September 2015
mustery?? It an old profile..yes I was law student engaged in non litigation work but here I am aggreieved person
Rudrawar Narayanreddy
(Expert) 14 September 2015
experts are correct. your question is not clear. you are stating that you are implicated in a false complaint and wants take protection under the law.
both giving and taking are offence under the dowry prohibition act
T. Kalaiselvan, Advocate
(Expert) 19 September 2015
This appears to be an academic auery by a law student to update his knowledge by putting different provisions of law in one basket and seeking lessons for his query. Well being an academic query, o reply from my side too.
