This is a Delhi High Court judgment where a certain conclusion is made without basis. Just an earlier judgment is cited as support even that one lacks justification. Funny.
From Para 8,
8. It is thus evident that Section 7 (3) is a non obstante clause and will thus prevail on any other law for the time being in force and a statement made by a person aggrieved by the offence under this Act shall not subject him to prosecution under this Act. Thus the decision of this Court in Neera Singh (supra) is an obiter and does not constitute a binding precedent for the reasons that the provisions of DP Act 1961 were not subject matter of the dispute before the Court in the petition under Section 482 Cr.P.C. in Neera Singh’s case and thus, this Court did not take into consideration the provisions under Section 7 (3) of the DP Act.
From Para 9,
9. Further there is no merit in the contention of learned counsel for the Respondent that the Petitioner being the father of the victim girl was not an
“aggrieved person”. Section 7(3) of the DP Act bars cognizance of a complaint against the person aggrieved by the offence. It cannot be said that only “aggrieved person” would be the victim girl. Even the father of the victim girl, who was made to give dowry, would be an aggrieved person. Similar view has been taken in Ram Gopal Sah v. State of Jharkhand, II (2009) DMC 844.
No one explains how/why should the Dowry giving criminals (as per Sec 3(1) should be protected from prosecution along with their daughter, who can be considered an aggrieved person!!!
Yashpal Kumar Vs Bhola Nath Khanna and Anr on 1 March 2012
Citations: [2012 AD DEL 3 186], [2012 DMC 2 134], [2012 SCC ONLINE DEL 1261]
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