Court : Delhi
..... upon placing on record the proof of deposit of costs within a week thereafter and handing over its copy to the investigating officer, fir no.315/2018, under sections 3 & 4 of dowry prohibition act, 1961 registered at police station shakarpur, delhi and the proceedings emanating therefrom shall stand quashed. ..... justice sunil gaur order (oral) quashing of fir no.315/2018, under sections 3 & 4 of dowry prohibition act, 1961 registered at police station shakarpur, delhi is sought on the basis of mediated settlement of 13th december, 2018 (annexure- p-2) reached between the parties. ..... state of gujarat (2017) 9 scc641has reiterated the parameters for exercising inherent jurisdiction under section 482 cr.p.c. ..... 1170/2019 page 1 of 3 of 13th december, 2018 (annexure- p-2) and terms thereof have been fully acted upon. .....
Tag this Judgment!Court : Delhi
Reported in : 1983CriLJ888; 1983(1)Crimes737; 23(1983)DLT314; 2003(5)DRJ1
..... the point in issue in this petition, pertains pre-eminently to the interpretation of certain provisions of the dowry prohibition act, 1961 and sections 2(d) and (r) and 470(3) of the code of criminal procedure. 2. ..... but even apart from this, it is apparent from section 4 of the act, that cognizance cannot be taken by the court of any offence under this section without 'the previous sanction of the state government or of such officer as the state government may, by general or special order, specify in this behalf.' 13 ..... 2(b) a report by a police officer, in the case of a non-cognizable offence, which has been investigated after obtaining permission under section 155(2), criminal procedure code, is not a complaint within the meaning of section 7(b) of the act. ..... only on the complaint of specified persons or officer as in sections 195 to 199 of the code, there is no impediment in investigation. ..... 2(a) under section 7(b) of the act a complaint has to be filed by the aggrieved party : as such a complaint by the investigating officer is not in compliance with the said ..... as soon as the investigation was completed, which was to be completed without unnecessary delay, the officer in charge of the police station forwarded to the magistrate empowered to take cognizance of the offence, a police report. 31 ..... is, thereforee, clear that in the facts and circumstances of the present case the complaint by the investigating officer can be a complaint within the terms of section 7(b) of the act. 23. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC2375; 2005(5)ALLMR(SC)570; 2005(2)BLJR1285; 2005(5)BomCR198; 2005CriLJ2598; 119(2005)DLT452(SC); I(2005)DMC805SC; [2005(3)JCR170(SC)]; JT2005(5)SC71; (2005)4SCC565
..... it is submitted that directions may be issued to the dowry prohibition officers to take immediate steps for strict enforcement and implementation of the provisions of section 3, 4, 4a and 6 of the dowry prohibition act, 1961 and rules 2 and 3 of the dowry prohibition (maintenance of lists of presents to the bride and bridegroom) rules ..... the serious aspects pointed out is that the central government has not yet framed the rules under section 9(2)(b) of the dowry prohibition act, 1961 and a direction may be issued to the central government to frame the necessary rules. ..... to implement all the interim directions which were issued in this case thus far, we further direct the union of india and the states to take more effective steps to implement the provisions of the dowry prohibition act, 1961 with particular reference to sections 3 and 4 thereof and the various rules framed thereunder. ..... of writs of mandamus directing the central government to frame rules under section 9 of the act, directing the state governments to frame rules under section 10 of the act and providing for additional functions to be performed by the concerned officers under section 8b of the act, for appointment of dowry prohibition officers by states as required under section 8b; to furnish details regarding the working of dowry prohibition officers wherever they have been appointed; for setting up of advisory boards as mandated by section 8b of the act and to furnish details of the composition of the boards and their .....
Tag this Judgment!Court : Delhi
Reported in : 2002VIIAD(Delhi)537; 97(2002)DLT800; I(2002)DMC778
..... 1 to implement provisions of section 8-b of dowry prohibition act 1961 by making appropriate rules and issuing requisite notification for appointment of dowry prohibition officers and advisory boards. ..... petitioner's case is that parliament had enacted dowry prohibition act to protect and eradicate the evil of dowry but had failed to enforce its section 8-b which provided for appointment of dowry prohibition officers woh were to be conferred powers of police officers. ..... as a result, no dowry prohibition officers were appointed and on the contrary 'crime against women cells' were set up in the police department which were non-statutory bodies and had no legal authority to discharge the functions of dowry prohibition officers and which were incompetent to exercise any power under the dowry prohibition act and thus required to be wound up.3. ..... it is pointed out by r-1 that supreme court was also seized of the matter regarding enforcement and implementation of dowry prohibition act in cwp no. ..... it is also claimed that nct government had appointed 9 additional dowry prohibition officers by designation vide notification dated 3.9.98 in addition to those appointed under first notification dated 14.12.87 that rules were also in the process of being finalised shortly.4. ..... no rules under section 10 of the act were also framed even 10 years after its enactment. ..... 's and the rules under the act being in pipeline. .....
Tag this Judgment!Court : Delhi
..... upon placing on record the proof of deposit of costs within a week thereafter and handing over its copy to the investigating officer, fir no.205/2017, under sections 498-a/4of ipc and under section 4 dowry prohibition act, 1961 of ipc, registered at police station new usmanpur, delhi and the proceedings emanating therefrom shall stand quashed qua petitioners. ..... 2881/2019 quashing of fir no.205/2017, under sections 498-a/4of ipc and under section 4, dowry prohibition act, 1961 of ipc, registered at police station new usmanpur, delhi is sought on the basis of affidavit of 20th may, 2019 of second respondent. ..... state of gujarat (2017) 9 scc641has reiterated the parameters for exercising inherent jurisdiction under section 482 cr.p.c. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(57)BLJR129; 2009CriLJ57
..... . dowry prohibition act, 1961 by act 63 of 1984, now there is no requirement for taking prior sanction of the state government or such officer as the state government may, by general or special order, specified on that behalf for launching prosecution under section 4 of the dowry prohibition act ..... reported in : (1997)10scc524 , has held that by the bihar amendment by act iv of 1976 in the bihar act iv of 1976, a proviso has been added in which it is necessary that previous sanction of the state government or of such officer as the state government may, by general or special order, specify in that behalf should be obtained before initiating any prosecution under section 4 of the dowry prohibition act 1961. ..... the provision of section 4 of the dowry prohibition act, 1961 made by the parliament and section 4 as amended by bihar act iv of 1976 made by the state legislature are, therefore, clearly in respect of the same matter and they are operating in the same field because for the purpose of launching prosecution under section 4 of the dowry prohibition act, the central law does not speak about the requirement of prior sanction, whereas the state law envisages that prior sanction of the government is require to be taken before launching .....
Tag this Judgment!Court : Karnataka
..... accordingly, the learned sessions judge, by the impugned judgment of conviction sentenced the accused no.1 for the offences punishable under sections 498a, 304b of the indian penal code 10 and sections 3 and 4 of the dowry prohibition act, 1961, and acquitted accused nos.2 to 4 for the aforesaid offences. ..... for the purpose of this sub-section, dowry shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961). ..... even assuming that at the time of marriage, the gold articles, silver articles, cloth, as stated by p.ws.1 to 3, were given to the accused persons, they were customary gifts and does not amount to dowry as contemplated under section 3(2) of the dowry prohibition act, 1961, which reads as under:3. ..... and netravathi being fed up with ill-treatment, on 21.11.2010 at about 1.30 pm, hanged herself to the ceiling fan of the house with a plastic rope and committed suicide and thereby, accused persons committed offences punishable under sections 304b and 498a r/w 34 of the indian penal code and sections 3 and 4 of the dowry prohibition act, 1961. 73. ..... p.w.16-d.krishne urs, acp and investigating officer investigated the case and filed charge sheet against the accused persons. ..... the contradictions between the evidence and the evidence of the investigating officer make interesting reading. ..... the investigating officer, after completion of the investigation, filed the charge sheet against the accused persons. .....
Tag this Judgment!Court : Karnataka
..... accordingly, the learned sessions judge, by the impugned judgment of conviction sentenced the accused no.1 for the offences punishable under sections 498a, 304b of the indian penal code 10 and sections 3 and 4 of the dowry prohibition act, 1961, and acquitted accused nos.2 to 4 for the aforesaid offences. ..... for the purpose of this sub-section, dowry shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961). ..... even assuming that at the time of marriage, the gold articles, silver articles, cloth, as stated by p.ws.1 to 3, were given to the accused persons, they were customary gifts and does not amount to dowry as contemplated under section 3(2) of the dowry prohibition act, 1961, which reads as under:3. ..... and netravathi being fed up with ill-treatment, on 21.11.2010 at about 1.30 pm, hanged herself to the ceiling fan of the house with a plastic rope and committed suicide and thereby, accused persons committed offences punishable under sections 304b and 498a r/w 34 of the indian penal code and sections 3 and 4 of the dowry prohibition act, 1961. 73. ..... p.w.16-d.krishne urs, acp and investigating officer investigated the case and filed charge sheet against the accused persons. ..... the contradictions between the evidence and the evidence of the investigating officer make interesting reading. ..... the investigating officer, after completion of the investigation, filed the charge sheet against the accused persons. .....
Tag this Judgment!Court : Supreme Court of India
..... set 1 aside the judgment and order of acquittal dated 20.12.2007 passed by the learned presiding officer, fast track court iv, bidar (hereinafter referred to as the learned trial court ), by which the learned trial court acquitted original accused no.1 (the appellant herein) for the offences punishable under sections 302 read with 34, 498a, 304 b read with 34 of the ipc, and sections 3,4 & 6 of the dowry prohibition act, 1961, and consequently convicted original accused no.1 for the offence punishable under ..... sections 302 of the ipc and sentenced him to undergo imprisonment for life and also convicted the appellant herein under section 498a of the ipc and section 4 of the dowry prohibition act, 1961, original accused no.1 has preferred the present appeal.2. ..... feeling aggrieved and dissatisfied with the order of acquittal passed by the learned trial court acquitting the accused for the offences punishable under sections 302 read with 34, 498a, 304 b read with 34 of the ipc, and sections 3,4 & 6 of the dowry prohibition act, 1961, the state of karnataka preferred appeal before the high court of karnataka, circuit bench at gulbarga being criminal appeal no.402/2008. .....
Tag this Judgment!Court : Allahabad
Reported in : 2000CriLJ2849; II(2000)DMC537
..... section 7 of dowry prohibition act, 1961 reads as under :'cognizance of offences-(1) notwithstanding anything contained in the code of criminal procedure, 1973,-(a) no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence under this act ..... of 1996 under sections 4/6 dowry prohibition act, dowry prohibition officer, agra v ..... welfare institution and if its officer has filed complaint under the provisions of dowry prohibition act, the magistrate will take cognizance over it under section 7(1)(b)(ii). ..... of dowry prohibition officer have been specified in sub-section (2) of section 8b which are as below :(a) to see that the provisions of this act are complied with;(b) to prevent, as far as possible, the taking or abetting the taking of, or the demanding of dowry;(c) to collect such evidence as may be necessary for the prosecution of persons committing offences under the act; and(d) to perform such additional functions as may be assigned to him by the state government, or as may be specified in the rules made under this act.8. ..... legislature actually intended to confer power of filing complaint on dowry prohibition officer, it ought to have been mentioned in section 7(1)(b) of the act itself.9. ..... , section 8b of dowry prohibition act says that the state government may appoint as many dowry prohibition officer as it thinks fit and specified area in respect of which they shall exercise their jurisdiction and powers under this act.7. .....
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