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498a Discussion Forum - View topic - DP Petition against Girl's Parents Admitted
It is currently Sat Jun 19, 2021 10:24 am



Reply to topic  [ 24 posts ] 
DP Petition against Girl's Parents Admitted 
Author Message

Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
Hi Friends,

I came to know yesterday, that Mr. Dinesh Rajpal's able lawyer was able to get the petition admitted in the Hon' able court of Jind for lodging a case under DP act against the parents of the girl. The court has asked for Police reply in this regard. But the next date for argument on it is on 19 July. Hence it might be some time before the case is registered.

Dinesh has been in touch for last 1.5 months now, sadly he is not active on net. I asked him to forward the petition to me so that others can benefit from it.

I am also waiting for my charge-sheet so that I can also file a case under DP act against my in-laws.

Regards,

Shonee Kapoor


Sat Jun 14, 2008 6:25 am
Profile YIM

Joined: Sat Jun 14, 2008 9:43 pm
Posts: 62
Dear Sir,

I am confused what you mean by DP act. I looked up on the web and it says DP act may refer to Data Protection act. I don't think I understand how DP act applies in cases of 498a. Please let me know what I am missing her.

Thanks.


Tue Jun 17, 2008 2:36 am
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
It is Dowry Prohibition Act, 1961

Regards,

Shonee


Tue Jun 17, 2008 4:22 am
Profile YIM

Joined: Sun May 18, 2008 4:59 am
Posts: 373
Hi Shonee,

In my case she mentioned in FIR that on the engagement day my family asked her father for dowry and he agreed and fulfilled our demand during the marriage.

I talked with my advocate about DP section 3, but he said if I go for DP3 against them that automatically making me that I agree for my demand of dowry and DP4.

Any other way to tackle this ?


Sun Jun 22, 2008 5:29 pm
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
That is how most of the advocates want to shoo you away.

The way to beat it is get the petition filed by some relative of yours. And the general plea should be laced with words "As per the allegations levelled by Mrs. XYZ". And further "The Police Authorities has not taken cognizance of the fact that the father (and brother and uncle and neighbour) of the girl has also given dowry, which is strictly prohibited under DP act 3/4.

Remember that Dowry Prohibition Act, 1961 is cognizable and "bailable".

Now when someone other than you state "as per the allegations" he is not automatically lifting you from the level of accused to someone who has admitted to his crime. He/ she is just trying to show that there are more accused in the same application against whom Police has not taken cognizance. This anamoly should be removed by suitable action by the Court.

I am a novice in the field of law. Meet few counsels and see if they understand your point. I strongly recommend not to go against the wishes of your trusted counsel or do something outlandish on my advise.

Regards,

Shonee Kapoor


Sun Jun 22, 2008 5:52 pm
Profile YIM

Joined: Tue Oct 23, 2007 4:40 am
Posts: 429
Location: USA


Sun Jun 22, 2008 7:24 pm
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Joined: Sun May 18, 2008 4:59 am
Posts: 373
Thanks Shonee and Sambhav,

Your logical points make sense to go for DP3. Still my case is in FIR stage and I am waiting to see report from police (final report or charge sheet).

Sambhav,

Regarding the second point DP 7, she is the complainant in my case and has mentioned that her father has given dowry. So I think section 7 will not be applicable if DP3 against her father.


Mon Jun 23, 2008 3:30 am
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Joined: Tue Oct 23, 2007 4:40 am
Posts: 429
Location: USA
Hi, take care of the FIR related issues first, then when you have time look at the cases that you can file against them. Study the FIR carefully and plan your defense. The police will do investigation/take statements. Make sure they also take in statements of your innocence. Get a received copy of any document that you submit in support of your innocence. Usually, the IO will just submit what is in the FIR as charge sheet. You can sure file tax evasion petition.
As recommended by Judge Dhingra the sec. 3 investigations should be against the parents of the girl. When we say you should do this or that "you" doesn't mean you only. It can be anyone who opposes the false complainant. You have the opportunity after charge sheet when the framing of charge hearing is held to argue vigorously and drop all or part of the charges against all or some of the accused.


Mon Jun 23, 2008 7:24 am
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Joined: Sat Jun 14, 2008 9:43 pm
Posts: 62
So Shoneek and Sambhav, just to make sure I understand what you both are saying:

If a girl complains to the police and says in writing that "her parents had given dowry", we can file a complaint under sec 3 against her parents, but not the girl. Is this correct?

Also, Attm, where are you located? From what I have understood in communicating with everybody here, it is very important to find a good and trusted lawyer to fight such false cases.


Mon Jun 23, 2008 2:44 pm
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Joined: Tue Jun 10, 2008 5:05 am
Posts: 18
Hi this is a delhi police circular in which they clearly ask police to investigate that dowry has been given which is against the law.
http://ipc498a.files.wordpress.com/2008 ... rcular.pdf


Mon Jun 23, 2008 7:51 pm
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Joined: Sun May 18, 2008 4:59 am
Posts: 373


Tue Jun 24, 2008 12:25 am
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Joined: Tue Jun 10, 2008 5:05 am
Posts: 18
see case registered under this act on you tube.

http://www.youtube.com/watch?v=mTMUDGgCKv4


Wed Jun 25, 2008 7:35 pm
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Joined: Sat Jun 14, 2008 9:43 pm
Posts: 62
This is great! Does anybody know any more details about this case, specifically (1) who is the lawyer, (2) which court did get they request to get the case registered, (3) did they have to admit they took dowry?

Thanks.


Thu Jun 26, 2008 4:07 am
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
Hi,

I can not answer first question. The answer to the second and third question is:

They made a prayer in the court of CJM.

The case was filed by one relative of the boy. The prayer was that as per the allegations the boys family recd dowry, so it can be concluded that girl's family gave dowry (even under duress). Thus the crime is not committed in isolation. Girl's relatives are also guilty as per D/P Act section 3 and 4.

Regards,

Shonee Kapoor


Thu Jun 26, 2008 5:30 am
Profile YIM

Joined: Sat Oct 25, 2008 12:32 pm
Posts: 526
Any followup information on Jind & Noida cases.
Local members can help to find information.

Regards


Thu Dec 25, 2008 7:05 am
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
Jind case was dimissed by court.

Noida, two FIRs have been registered as yet.


Thu Dec 25, 2008 9:22 am
Profile YIM

Joined: Sat Oct 25, 2008 12:32 pm
Posts: 526
Dear Shoneek & others - ' if The chargesheet says D.P. 3 & 4 '
-then would it be considered by the Court , that culpability of Girl's family is found to be TRUE by the Police on investigation.
-Would the Court Register a separate case.
Kindly opine


Sat Nov 28, 2009 1:43 am
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
No the court never takes such presumption.


Sat Nov 28, 2009 5:40 am
Profile YIM

Joined: Fri Jun 05, 2009 7:47 pm
Posts: 540
How does this analogy fit here ...

'A' gives bribe to public servent 'B' to get a contract. Later the contract is unfulfilled for some reason. Now iA complaints that B got bribed from A to grant contract in his favor. Is B alone guilty and A is set to free?. Thanks.


Mon Nov 30, 2009 6:51 pm
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
Here B has no loucs standi to file the case.

C can still file the case that B bribed A


Tue Dec 01, 2009 5:48 am
Profile YIM

Joined: Fri Jun 05, 2009 7:47 pm
Posts: 540
Shonee,

True. But in DP it is always wife (B) files against hubby (A). Doesn't it Wife (B) has no loucs standi here too if technically speaking?.

Back to bribe analogy,
Even if C says B got bribe then A is punishable too if proven. Isn't it?.


Tue Dec 01, 2009 4:36 pm
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
Read the act,

For part 1 of your query : DP3 specifically says, the complainant can not be prosecuted under this act.

Regarding part 2 of your query : You are correct; that is why people have putting DP3 petition against the parents of the girl and at some places if the evidence is right, it is being admitted as well. However, this process is not automatic.


Wed Dec 02, 2009 4:25 am
Profile YIM

Joined: Thu May 13, 2010 6:13 pm
Posts: 25
According to me the best way is do nothing against the wife. leave her to think again. she is living with her parents and other family members and is helpless so she acts as they think fit and proper. she must realise the situation one day if you are on the right and justified track. once remember that there is no surity that second wife will be kind and caring then first. remember GOD and take care of children if there is no possibilty to live toghether, file the petition under section 10 of HMA for judicial separation not section 13 for divorce to show that you are interested to contract second marriage and willing to afford the second wife and futher children whereas you are not earning to maintaining his first wife and children but only interested to give birth of some more children through second wife and again will leave them on their fate. Filing Cases under section 498A, 406, DV Act, DP Act, 125 Cr.P.C., 24 & 26 of HMA, 18 & 20 of HAMA by the wife are not having any importance. if all sections will be removed then she will file cases under various provision of law which are open for all, some bad advocates are ready to give counselling to her. A real brother strongely fight with his brother in the courts, all depends on the nature of person to person.


Tue May 18, 2010 4:19 pm
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Joined: Tue Mar 09, 2010 4:49 am
Posts: 3
If anybody Want DP3 KIT ( Some Court order for FIR in DP3 ) some of delhi, Some of Noida and Orrisa also, and also having a sample complaint , he can take from
Yahoo group

498avictimharyanasiff

just join & go to file section and get it

hi shonee , Can you gv me the name or contact no of Jind person.


MuKesh Soni
9899005482


Wed May 19, 2010 7:22 am
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