See the interpretation of a single judge from Delhi High Court.
From Paras 11 and 12,
Jamaluddin Ansari Azad Vs State and Anr on 29 Jul 2013
11. In Pooja Saxena (supra) it was observed that the observations made in Neera Singh’s case were obiter and does not constitute a binding precedent for the reason that the provision of Dowry Prohibition Act, 1961 were not the subject matter of the dispute before the Court in the petition u/s 482 Cr.P.C in that case. Moreover in that case, the Court has not taken into account the protection given to a victim of offence of dowry demand as provided u/s 7(3) of The Dowry Prohibition Act, 1961. In Pooja Saxena (supra), the allegations in the complaint were regarding demand of dowry by the father of respondent no.2 at the time of engagement ceremony of the petitioner, failing which he would call off the marriage. It was observed that the petitioner and her parents were confronted with the unenviable situation either to concede to the demand or face 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 circumstances. As such, Section 7(3) comes to the rescue of the petitioner and she could not be subjected to prosecution for the offence u/s 3 of the Dowry Prohibition Act, 1961.
12. A perusal of the complaint u/s 156(3) Cr.P.C filed by respondent no.2 goes to show that he was invoking Section 3 of the Dowry Prohibition Act only on the basis of allegations made in the complaint by Noor Jahan whereas in para 7 of the complaint he did not admit to the contents of the FIR. Merely on the basis of allegations which were not admitted by respondent no.2, the petitioner could not have been booked for offence u/s 3 of the Dowry Prohibition Act. Moreover as held in Pooja Saxena(supra) and Ram Gopal Shah v. State of Jharkhand, II 2009 DMC 848, the petitioner being father of the complainant is an aggrieved person from whom the dowry was being demanded. Such aggrieved person is protected u/s 7(3) from prosecution under the Act.
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