Read through the Para 11 of this Delhi High Judgment to learn how NOT to draw conclusions from thin air u/s 482 CrPC proceedings.
11. The above observation of this Court obviously is an obiter and does not constitute a binding precedent for the reason that the provisions of the Dowry Prohibition Act 1961 were not the subject-matter of the dispute before the court in the petition under Section 482 Cr.P.C. in Neera Singh’s case. Moreover, in the aforesaid judgment, the Court has not taken into account the protection given to a victim of offence of dowry demand as provided under Section 7(3) of the Dowry Prohibition Act 1961. Thus, in my view the above referred judgment is of no avail to respondent No.2. Further, on perusal of FIR No.232/2009, it transpires that as per the allegations in the complaint made by the petitioner, the demand for dowry was made by the father of respondent No.2 at the time of engagement ceremony of the petitioner when he allegedly asked the father of the petitioner to concede to his demand for dowry, failing which he would call off the marriage. From the aforesaid facts, 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. Given the aforesaid facts, Section 7(3) comes to the rescue of the petitioner and in terms of the aforesaid provision, she cannot be subjected to prosecution for the offence under Section 3 of the Dowry Prohibition Act, 1961.
Crux of the failed justice: Clearly from the highlighted portion of the judgment itself, one can understand the conclusion arrived by the Judge is based on the unproved allegations in the complaint which got carried as-is to the FIR. This also goes to show that the Judge has pre-judged that the allegations were true despite the fact that said allegation of demand for dowry is to be punished under Section 4 of DP Act 1961 and this being a Criminal Statute required such allegations to be proven in a Criminal Court trial with evidence. This was given a total bypass possibly in an successful attempt of harmonious interpretation but alas totally contrary to the legislature intent which being that Dowry givers are to be punished. Despite writing that Sec 7(3) gives protection only to the aggrieved person (who made the complaint) her parents are also extended protection from prosecution, which is squarely ultravires to provision, statute and legislature intent and most importantly to Principles of natural justice. Precluding the criminal who allegedly committed the crime of giving dowry even before such fact is proved in a Court trial is travesty of justice.
Pooja Saxena vs State and Anr on 20 October 2010
Citations: [2011 CRIMES 1 378], [2010 JCC 4 2780], [2011 AD DEL 1 359], [2010 SCC ONLINE DEL 3652]
Other Source links: https://indiankanoon.org/doc/61656909/ or https://www.casemine.com/judgement/in/56090d12e4b0149711178c8d
Further story here.