NEW DELHI: Saying that the Dowry Prohibition Act grants protection from prosecution to a victim of dowry harassment, the Delhi high court has quashed an FIR registered by a husband against his wife and her parents for giving dowry in marriage.
The order is expected to clear the air on whether a woman can be booked under the anti-dowry law for conceding to persistent demands for dowry from the husband's family.
Justice Ajit Bharihoke stopped criminal proceedings against a woman who had lodged an FIR alleging dowry harassment against her husband and in-laws. As a counter to the FIR, the husband went to a lower court, pointing out how in the FIR itself the woman has admitted she gave dowry and therefore she ought to be prosecuted for the offence. The lower court had then ordered registration of an FIR against the woman and her parents.
The order is expected to clear the air on whether a woman can be booked under the anti-dowry law for conceding to persistent demands for dowry from the husband's family.
Justice Ajit Bharihoke stopped criminal proceedings against a woman who had lodged an FIR alleging dowry harassment against her husband and in-laws. As a counter to the FIR, the husband went to a lower court, pointing out how in the FIR itself the woman has admitted she gave dowry and therefore she ought to be prosecuted for the offence. The lower court had then ordered registration of an FIR against the woman and her parents.
While giving relief to the wife HC agreed with her lawyers Vijay Aggarwal and Rakesh Makhija that the Dowry Prohibition Act protected her from reverse prosecution. The court was also convinced that the dowry was given under pressure as the bridegroom's family had threatened to cancel the marriage if demands were not met with immediately.
"As per the allegations in the complaint made by the petitioner (bride), the demand for dowry was made by the father of respondent (bridegroom) at the time of engagement ceremony when he allegedly asked the father of the girl to concede to his demand for dowry, failing which he would call off the marriage...it is obvious that the petitioner and her parents were confronted with the unenviable situation either to concede to the demand or face the loss of honour of their family in the society, and if under that fear, the petitioner and her parents conceded to the demand for dowry, they cannot be faulted as they were victims of the circumstances,'' the court noted.
Granting relief to the bride, the court said "she cannot be subjected to prosecution for the offence under the Dowry Prohibition Act'' as the protection extended to a victim under section 7 (3) of the Act can't be ignored.
"As per the allegations in the complaint made by the petitioner (bride), the demand for dowry was made by the father of respondent (bridegroom) at the time of engagement ceremony when he allegedly asked the father of the girl to concede to his demand for dowry, failing which he would call off the marriage...it is obvious that the petitioner and her parents were confronted with the unenviable situation either to concede to the demand or face the loss of honour of their family in the society, and if under that fear, the petitioner and her parents conceded to the demand for dowry, they cannot be faulted as they were victims of the circumstances,'' the court noted.
Granting relief to the bride, the court said "she cannot be subjected to prosecution for the offence under the Dowry Prohibition Act'' as the protection extended to a victim under section 7 (3) of the Act can't be ignored.
