D. P. ACT?

Ram Sowrya (Querist) 17 May 2011 This query is : Resolved
Dear Forum,

Today i went to Womens Protection Cell in my city hyderabd[A.P.] to get the certified copy that 498a is compoundable offence in A.P.

as quoted by -

Mr. S. Umapathi IG, state women’s protection cell, says, “In the state we have made 498A a compoundable offence. If the Dowry Prohibition Act is added to it, then it can’t be made compoundable and there has to be a trial conducted in a court of law.”

Then i had discussion with DSP of womens protection cell before taking the Certified copy on 498a to defend myself.

Further she told that i am not eligible after looking my FIR that there is a claim by my wife that she has given dowry, that itself is a DP Act. and further said no need to file a case u/s 4 of DP Act.

Question:
Claim of Dowry given by my wife is itself a DPAct on my part

Or

a case has to be filed u/s 4 of DP Act by the POLICe/IO.

Please enlighten me in this regard.

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M/s. Y-not legal services (Expert) 18 May 2011
Yes claiming dowry from wife can be covered under Dp act. And

M/s. Y-not legal services (Expert) 18 May 2011
Section 4 of the d.p act, should be filed by based upon the complaint only.. No police can be use this section as per his or her wish. A inspector of police can be the investigation officer for this offence.

G. ARAVINTHAN (Expert) 18 May 2011
It is an offence under the DP Act

Guest (Expert) 18 May 2011
Case depends upon the outcome of the investigation.

Ram Sowrya (Querist) 19 May 2011
POLICE/IO did not file DP4 case on me, only 498a.

but my wife claims that "she gave dowry and i have harrased/demanded her for dowry"

charge sheet submitted 9 months back

does it mean that my case is compoundable
as cited in post 1

M V Gupta (Expert) 19 May 2011
As the charge sheet is filed by the police only under Sec 498 A, the case is compoundable. Mere allegation by the wife (how this allegation is made is not mentioned) does not convert the chargesheet ipso facto into one under Sec.498A and the DP Act. But for compounding the case ur wife's consent is also necessary.

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