wife filed a complaint saying dowry was demanded and got by in-laws even prior to marriage, during the marriage and after marriage. She filed 498-A case. As a counter blast case, husband filed a complaint against his in-laws saying that dowry giving is an offence and they shall be prosecuted. As usual, he self proclaimed that he is innocent and the 498-A case fake one. Police did not take action. Husband filed complaint before MM and MM directed the police to register FIR and prosecute inlaws. Wife appealed. Addl. Session judge confirmed the MM order. Wife approached the High Court. The High Court clearly held that dowry givers cannot be prosecuted as per law and they are victims of the circumstances and they are forced to give dowry. It is also held on 1.8.2011 that once wife filed 498-A case, husband as a counter blast case filed the FIR against the wife and her parents and this FIR liable to be quashed.
Similar opinion was expressed earlier by the High Court in different case and the same was upheld by Supreme Court.
Entire judgment is attached herewith.