Shree. ( Advocate.) 16 June 2009

Important ruling for FIR for dowry

In perhaps the first such ruling ever, a trial court in the capital has asked police to register an FIR against a bride and five members of her family for giving dowry.

There was trouble between Sunil and Latika (names changed) just a year after they got married in 2004. Latika left her husband’s house on August 4, 2005 and filed a dowry harassment case with the antidowry cell against Sunil and his family.

She claimed that her family had spent more than Rs 10 lakh on the wedding, gave Rs 2 lakh in cash for a car and another Rs 1.15 lakh as dowry. A case was registered against Sunil and his family under Section 498(A), 406 and 34 of the IPC.

But Sunil also went to court, seeking to register an FIR against Latika and her family for fulfilling his dowry demands. In his petition filed in August 2008, Sunil asked that an FIR be registered under Section 3 of the Dowry Prohibition Act, which punishes giving dowry with up to five years in prison and a fine of at least Rs 15,000 or the value of the dowry, whichever is more.

Metropolitan Magistrate Neeraj Gaur observed that giving dowry was a cognisable offence and directed the station house officer (SHO) of Model Town police station to register an FIR. The court also asked the SHO to start investigating the case against Latika and her family.
Source :- The Times of India 7 June 2009 P 1 Delhi

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4 Replies

Broken_down (IT) 16 June 2009

It is very positive to see some change in the attitude of the courts. Hope more courts start following the practice of not being prejudiced against man and instead focussing on providing true justice, whoever it is.

Amarjeet yadav (Advocate) 16 June 2009

really great information good to see that some action can also be taken against such misuse of the 498a section here the action agaist the bride and her family

kirankumar (Part time Employee/ student of BL) 17 June 2009

Really this was a great news ,

that the Metropolitan Magistrate Neeraj Gaur observed that giving dowry was a cognisable offence and directed the station house officer (SHO) of Model Town police station to register an FIR. The court also asked the SHO to start investigating the case against Latika and her family.

In Andhra it may not happen because

We filed a private to take action on the lady who filed a Dowry harassment case under sections (498A, 3 and 4 of DP act in FIR) but no action was taken on the lady and there family members.

The Private complaint was taken and forwarded to the police station before 2 months but there was no response. We filed a memo to the court to direct the Police to start the investigation and file the charge Sheet to court as soon as possible. But Till now no response by the Police Department………………………….