Need suggestion on filing case under section 3 of dowry prohibition act
yogesh
(Querist) 23 December 2012
This query is : Resolved
My sister in law has filed false FIR u/s 498-A/406/323/506 against my brother in law and rest of the family members at Haryana state we were granted anticipatory and regular bail and the police has filed the chargesheet , I move to Haryana High Court and the proceedings are stayed. Meanwhile the sister in law has filed the maintenance case against my brother u/s 125 CrPC
The Father in law claims in FIR/Complaint that he has spend several lakhs on her daughter marriage and he submitted the fake list of items which is much beyond his capacity. Now my query is that whether I can made complaint before Ld Metro politicain Magistrate to book him under section 3 of Dowry Prohibition Act at Delhi as giving of Dowry is too crime and alleged cause of action such as Marraiage etc too take place in Delhi
Please give your suggestions
Devajyoti Barman
(Expert) 23 December 2012
You can file but in that event you have to admit accepting dowry as well.
yogesh
(Querist) 23 December 2012
Dear Sir,
The relevant extracts from 498-A site differntaites the maening giving and Taking
"Filing a case for "Giving Dowry" against complainant wife and her well-wishers does not mean tacit admission of "Taking Dowry" because there is a difference between giving and taking. For taking to happen, giving is a mandatory condition but the reverse is not true. For all practical purposes the dowry could be offered by dowry givers and the people offered can reject to take it. However, in this case the crime of Dowry Giving and Abetment of Dowry giving has happened and the people involved therein need to be prosecuted for this."
Devajyoti Barman
(Expert) 23 December 2012
Where does this extract come from? Mere posts in some sites does not have any relevance unless supported by legal precedence.
V R SHROFF
(Expert) 23 December 2012
Even if you do it, it want yield anything. So useless..
yogesh
(Querist) 23 December 2012
Definately it would not yield anything even sections of 498-A/406 don't nail down the others...but only the fake ego clashes as each party wants to hurt others
I am seeking on that context whether it going to be helpful as other party is attacking one on the pretext of the other for theri illegitimate demands??
Legal Fighter
(Expert) 24 December 2012
You can file it based on their statement itself. It is well settled that an FIR can lodged based on the statement of the accused itself.
