Justice K C Bhanu from AP High Court has held as follows in one of the shortest and cleanest Judgments I have read:
From Para 5,
Kudarathullah Khan Vs The State of Andhra Pradesh on 21 March 20125. Under Section 3 of the Act if any person, after the commencement of this Act gives or takes or abets the giving or taking of dowry, he shall be punishable. It does not contemplate a demand or coercion or threat made by one person to another for the purpose of giving or taking dowry. Therefore, this provision makes it clear that giving or taking of dowry by any person is an offence. But Section 7(3) of the Act reads that notwithstanding anything contained in any law for the time being in force, a statement made by the person aggrieved by the offence shall not subject such person to a prosecution under this Act. Therefore, Section 3 of the Act is controlled by cl. (3) of Section 7 of the Act. Ordinarily, the person aggrieved by the offence is the person directly affected or injured. The person aggrieved by the offence is the accused in C.C.No.95 of 2010 on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad, but not the complainant or the witnesses. Therefore, statement made by a person aggrieved by the offence is any one of the accused, but not the complainant. Hence, Section 7 (3) of the Act has no application to the present facts of the case. In this view of the matter, the petition is liable to be dismissed.
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