File cases for giving dowry

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

Counter cases during and after the case against one

And here comes the mother of all 'Cracks' for this bar of 195 Cr.PC , see below the links for the landmark judgement of Marwah Vs Marwah(Citation 2005 (4) SCC 370), I have used this in my counter cases(under sections 209, 211, 195, 197, 460, 463, and whatnot, even I lost count). Download this judgement here.

See a post explaining all this: http://bok498a.blogspot.com/2007/05/arrive-with-guns-blazing-counters-quash.html , actually sit and read the whole blog as I suggested initially :), it will serve u good, take my word on it. See my case details and the killer thoughts behind planning a counter-offensive(our military bretheren must be keen on knowing these counter-surveilance mode thoughts) at http://f1.grp.yahoofs.com/v1/wPl1SANrqCIhMSTl0U7w520JpBhhfMhdPUY1lvs3qyneu0J04Xsc7h2Aox4lpxErTKuroEt2HHsw2lfDZTUAAw/Counter%20Charge%20498a.pdf (also attached, this is an ealrier version so it has some factual errors, like the explanation of Cr.PC 340, is wrongly refering to that of IPC 340, will correct it soon and re-upload/blog for posterity)

For Dowry Prohibition section, 3(giving dowry being punishable) please see the following links


Nyayayodha's blog

Following is the link for section for tortured husbands(needs you to register in this site and be logged in) :-

http://www.ghrs.in/index.php?option=com_content&task=category&sectionid=21&id=35&Itemid=117

Following is the link to Sample DP3 application :

http://www.ghrs.in/index.php?option=com_content&task=view&id=95&Itemid=154

******
Hi Gokul ji,

I was just reading CrPC-Section 195 and it says that

"No court shall take cognizance - Of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any court"

Thanks & Regards
Jaspreet Singh

On 7/10/08, Gokul P.R wrote:
I am mentioning below some IPC sections which can be generally used to file cases against the wife's side. The is RIPE NOW, GO FOR IT. When u r planning for counter offenses, read the posts in http://bok498a.blogspot.com/ which gives u pragmatic insights to dealing with court system, advocates and the Police, theory may not work, but insights coupled with consultations will.

S.191 :Giving false evidence+ S.340(1) of CrPC for Perjury @ Family/Magistrate Court
matter
S.209 : Dishonest claim
S.211 : False charge of offence made with intent to injure
S.306 : Abetment of Suicide
S.361 : For child - Kidnapping from lawful guardianship
S.378,380,381,382 :Theft
S.383 : Extortion
S.402 : Dacoity (Cognisable, Non-bailable and Non-compundable- just like 498a :)
S.406 : Criminal Breach of Trust
S.463 : Forgery
S.499: Defamation
S.506&507: Criminal Intimidation
Sections which u can check with ur advocate(I dont remember the IPC section offhand for these crimes) - Threatening, Abbetment of crime, these may be referring to a period before even your wife filed cases against you.

Some other sections of IPC helpful for husband side:
182 False information, with intent to cause public servant to use his lawful power to the injury of another person
191 Giving false evidence
192 Fabricating false evidence
195A Threatening any person to
give false evidence
196 Using evidence known to be false
197 Issuing or signing false certificate
198 Using as true a certificate known to be false
199 False statement made in declaration which is by law
receivable as evidence
200 Using as true such declaration knowing it to be false
201 Causing disappearance of evidence of offence, or
giving false information to screen offender
202 Intentional omission to give information of offence by person bound to inform
203 Giving false information respecting an offence commited
204 destruction of document to prevent its production as evidence
205 False personation for purpose of act or proceeding in suit or prosecution there are
more


Regards
Gokul

Buddy Aa wrote: Hello All,

i am working in Indian Army and my brother has been harassed by 498a .

After getting b-report/final report in the charge sheet can put
counter cases like miss use of 498a ...?

1. Is this right time (after B-Report) to put counter cases of miss
use of 498a? or its too late now ?

2. Defamation case ?

3.182 IPC ?

Please list all the counter cases for 498a and relevent cases .

Also I would like to know all these counter cases are civil/criminal ?
Please give me some more details how register all these cases and
what needs to prepared ,i don't want to put any false cases and then put myself in trouble......if any one has done this please share
experiences. .....etc

I don't want to teach a lesson to 498a wife, I would like to seek for
justice and fair for my brother who have been legally terrorised by 498a
and 498a wife.....Etc

Please send me the quite capable with very good reputation advocate in Hyderabad.

Please help

regards,
Buddy

Arrive with guns blazing-Counters, Quash, Dismissal(at Police, At court(before or after Chargesheet))

Subject: Counters, Quash, Dismissal(at Police, At court(before or after Chargesheet))

Hi All,

Option 1- Before chargesheet; You can give evidence to Police and ask for a report of dismissal(Type A report - no evidence to make a case of 498a, or Type B report- stating that the Allegations are false!, both of which happens only in rarest of rare cases(zero probability almost) , because police are shit scared of women org, women and generally won't burn their hands in these matters).

Next option 2->Before chargesheet is given by police to the court-Quash it at the same court(don't know the section of Cr.PC for this), or High court/Sessions(Cr.PC 482), showing major fractures in allegations which do not need trials, and are self-evident.

Next Option 3->Apply for dismissal after chargesheet is submitted to the court(Cr.PC 239(see the bottom of this post for explanation), Guptaji will elucidate about this beautifully :). The only motivation for waiting till chargesheet to get submitted in the court, is that after this the police cannot make the charges more deadlier against you(fudging it with more unfavourable charges), and since usually police can be bought by the other party and could be made to add more charges and unfavourable stuff in the chargesheet, if they decide to counter your attempts of Options1 & 2.

Counter cases can be filed at any time(though waiting till chargesheet is submitted to the court is advantageous in some ways). Though Advocates rarely recommend it or agree that this is even a possibility before a "verdict" on the 498a case is declared in full(possibly by Supreme court, if the other party decides to appeal until the Top court!). See this post for IPC sections which could be used in your counter cases, considering the facts of your specific case.

This is 'could' be just because 1) they do not want 'their' cases to end that "easily" and hence lose the opportunity to feed on your insecurities(with all respect to the good advocates here, if u feel that my observations are not constructive or right, please do correct me for the general good). 2) Another reason why advocates do not take initiatives for counter cases is because some of them are truly 'incapable' and ignorant about these matters in their rat race of "setting" and "greasing" kind of lowly ways of "practice" and their intellectually-bankrupt-to-the-core schools of thought!. 3) Another reason why lawyers do not seem to do any thing which can give you sure and swift results is that everyone is hand in glove with every other advocate, so they won't demolish the case of their loving counterparts who could be lawyer pals of the same court(you scratch my back, I scratch urs!- fraternity and emotional bonding issues!!!).

I am making it clear that I am not talking about good advocates of caliber and integrity, who if appointed will do wonders for your case- but I am yet to meet such an advocate in my sojourn of 4+ years in these torrid rapids.

Warm Regards,

Gokul - http://gokul.go.to, 9821414336(Mumbai)

PS: Cr.PC 239: When accused shall be discharged.- If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.

***********************
need guidance Posted by: "yangaldaspk" Thu May 10, 2007 11:39 am (PST)
hi
i am 498a-ed. i got AB for my parents and sister and self. have proof that case is false. should i file 182 ipc or wait till chargesheet is failed.it is clear case of misuse of laws, and waste of time for police and courts.how can i proceed from here. can i file counter cases.