How to fight against 3-DPA & 4-DPA
Bull Against 498A
(Querist) 01 November 2010
This query is : Resolved
Hi Experts,
My wife registered 3-DPA, 4-DPA in addition to 498A & 34-IPC. My wife is a house wife.My FIL is working in UCO Bank as Ast. Manager & MIL is a house wife. Their family consists of elder daughter (married) , younger my 498 wife and one son studying Engineering in a private college.
In FIR my wife stated his father has given 10 Lakhs cash as dowry, 250 grams gold in addition to other fabricated allegations.
(Actually they had given 2 lakhs as dowry & 120 grams of gold which she already took away in addition to the gold of my mum & sister.)
As per the law giving/taking dowry is a crime. Kindly suggest me the steps to fight against 3-DPA & 4-DPA acts...?
Arun Kumar Bhagat
(Expert) 01 November 2010
You are right to give or to act dowry is a crime but the person who brings the charge gets the immunity from prosecution. So your in-laws can not be prosecuted. You have to contest the case with denial of the facts.
Bull Against 498A
(Querist) 01 November 2010
Thanks Arun Sir!...
Experts, but still i'm not pleased with the answer. i can understand Arun's reply as a procedure that follows in court during prosecution.
Kindly update me
1) What is 3-DPA ?
2) What is 4-DPA ?
3) What are the steps i should put to
fight against false 10 Laksh dowry ?
4) Ways to encounter ?
Devajyoti Barman
(Expert) 01 November 2010
Yes , you can file complaint upon the person who has given the dowry, not the person who has admitted such offence. For better understanding the provisions please go through the bare act of the same.
pawan sharma
(Expert) 01 November 2010
yes, you file the Complaint
H. S. Thukral
(Expert) 01 November 2010
Section 3 and 4 of Dowry Protection Act are related to giving and taking dowry and demanding dowry. Where under section 3 even giving dowry is an offence, husband can also file a complaint under it but under section 4, it is applicable even on demanding a dowry so this is open to a wife to file a complaint because demand could be from male side. If you think that the family of bride laden you with dowry without your demand you can file a complaint. But from the facts the bride family has already alleged that you demanded the dowry so you require good proof that the dowry was given without demand. A case under section 498 A is also thrust again you fortifying the allegation that there was cruelty on account of non-payment of dowry. Your allegations therefore should be substantiated by good facts and proof.
It will be good question to ask the prosecution from where your FIL got ten lakhs in cash if there is available no transaction in the Bank account.
Bull Against 498A
(Querist) 01 November 2010
Thanks to all experts for sparing your precious time for victims like me.
All of your suggestions will really help us to fight with courage against this Legal Terrorism (498A) & biased indian laws. I'm really innocent under these fabricated allegations.
I would like to specially thank "Harbhajan Singh Thukral" for providing better reply.
Thanks to Lawyers club India.
aman kumar
(Expert) 02 November 2010
you can Complaint
