Justice NN Tiwari had held as follows (without any legal basis):
From Para 6,
6. Learned Counsel for the complainant, on the other hand, submitted that the ground for assailing the impugned order by the petitioner is wholly misconceived and baseless. From the allegations made in the complaint, it is evident that the accused persons were demanding dowry and torturing the complainant for not bringing the dowry as desired by them. The petitioner is wrongly interpreting the presents given by the parents of the complainant, as dowry, which does not come within the ambit of Section 3(1) of the Act. It has been submitted that nothing new has come in course of the inquiry or trial or there is nothing in the evidence on record to suggest that any such offence has been committed by the father of the complainant and learned Court below considering the provisions of law including the provisions of Section 7(3) of the Act has rightly rejected the petitioner’s petition.
From Para 10,
10. The petitioner has sought prosecution on the basis of the statement of giving dowry by the father of the complainant. From perusal of the statement made in the complaint, I find no such incriminating statement of voluntarily giving dowry for marriage. The statement regarding giving presents ‘UPHAR’ does not come within the ambit of definition of dowry. Moreover, the father of the complainant is an aggrieved person from whom dowry was being demanded. Such aggrieved person is protected under Section 7(3) from prosecution under the Act.
Ram Gopal Sah Vs State Of Jharkhand on 03 December 2008 (LQ Ver)
Citations: [2008 SCC ONLINE JHAR 385], [2009 AIR JHAR R 1 856], [2009 CRI LJ NOC 614 159], [2009 JLJR 1 432]
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