In most of the 498A complaints lodged against husbands it is found that the girl's family says, " We gave X amount of dowry" added with the allegation that it was demanded. However, dowry giving is also an equal crime as per Section 3 of the Dowry Prohibition Act, 1961 as much as abetting it is. Even witnesses give their statements that they saw the dowry being given.
Please remember if there is a case against you and your family for demanding and taking dowry on the basis of the statements given by complainant wife and her well-wishers, then a similar case for giving and abetting also needs to be registered against the complainant wife and her well-wishers for being parties to giving dowry and abetting its exchange.
Some key points to be noted however,
1. 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.
2. For the 498A cases mentioned, there is prima facie evidence available in the form of "Voluntary Confessional Admission" by the complainant wife and her well-wishers that they gave dowry.
3. Although Section 7 of the Dowry Prohibition Act, 1961 does provide immunity to the complainant against prosecution but remember, that the immunity is available only in that instance of Dowry Prohibition Act, 1961 under which case of "Dowry demand and taking" is running. This means that we cannot arraign the accused in the same case under section 319 of the CrPC. However, nothing stops the husband from filing a new case based on their confessional admission. And in that case the husband (complainant herein) shall be provided the immunity.
Keeping in mind all these points, all the husbands who are facing false allegations of dowry demand and dowry taking against them have a moral bound duty to get the Section 3 of the Dowry Prohibition implemented in its entirety in letter and spirit.
So all dear husbands, rain on the system with complaints that you came to know that you have taken dowry only via the FIR on you and file cases for giving dowry to you as per their own admission. The society shall get back from husbands what it has given them.
Landmark judgement & precautions before file DP3
Posted by: "Sanjay Dhupar"
Wed Mar 17, 2010 12:06 am (PDT)
Dear all ,
On Based upon lot of discussion with my all siffins's friend like Mr Virag , Ajay Reddy , Sukhant , Rajesh , Nitin Dixit and may more.....also some friends from judiciary , please let me note down some points for sucessfull filing DP3 to your sweet wife & cheering FIL , BIL ...so on
1) Read carefully all "affidavit" which are filed against you in any cases.
2) Catch the line , in she write that "Dowary is given via her father,mother, brother so on....."
3) Dont think that above line is sufficent.
4) Keep in cool way & have patience up to cross examination in court.
5) It is the best way to do cross exam her by you not by lawyer to keep her under mental
tension.
6) When u cross exam her by smiling face , you should tackle on that way that she will accept all lines what she was saying about dowary given .
7) Now u are in 100 % winning position.
8) Just get the certified copies from court of crss examination
9) Now u file DP3 application to police along with certified statement of her in court and as well as "affidavit" in courts.
10) Poilice definetly do not act properly .
11) Wait for 30 days .
12) File your application to the court under 156(3) and attach supreme court citataion which i provide the link below
http://www.sendspac e.com/file/ ompnh2
under this citaion , sc says that two FIR can be launch on same case. If she suppose already file 498A agianst you this citation help you.
So ab to haso aur keep smile & go ahead to win against this legel terrorism
http://www.sendspac e.com/file/ ompnh2
Sanjay Dhupar
Ph-0751-4070523, 94253-08423
