The Dowry Prohibition Act, 1961 prohibits both giving and taking dowry. Hence FIR can be lodged in cases where in-laws claim that they have paid dowry.
DP3 FIR FORMAT
Through Registered / Speed Post
The Senior Superintendent of Police,
Subject:- Request for registration of FIR against Ms.(Wife Name), Mr (FIL Name),Mrs (MIL Name) Mr (BIL Name) & Ms(SIL Name) & other R/o –(There Residence Address) U/s 3of D.P.Act.
I (YOUR NAME) S/o Your Father’s Name R/o (Your Address) have been falsely implicated by my wife Ms. (Wife Name) in coalition S.H.O of P.S. (Where FIR had registered).
SHO on false complaint of my wife have has registered the FIR No.______ dated ________, and booked me and my family members (Father, Mother & Married Sister and other if any) u/s 498A,323,504,506 of IPC and 3/4 of DP Act.
In FIR No._____ dated _________ at P.S (Where FIR had registered), My wife & her parents claims to have given huge dowry in the marriage worth Rs.______Lacks (XYZ LACKS) which is prohibited under Section 3 of Dowry Prohibition Act.
Ms.(Wife Name), Mr (FIL Name),Mrs (MIL Name) Mr (BIL Name) & Ms(SIL Name), belong to respectable family and are highly educated people. And they are very much aware of the fact that if taking dowry is crime and giving dowry is too a crime. By giving huge sum of alleged dowry of Rs._______lacks ( XYZ Lacks) they have knowingly committed the crime.
Giving or taking dowry is an cognizable offence and punishable up to 5 Year.
I request to you to direct SHO (Where FIR had registered) to lodge the FIR against Ms.(Wife Name), Mr (FIL Name),Mrs (MIL Name) Mr (BIL Name) & Ms(SIL Name)
Giving dowry under Sec 3 of DP Act is cognizable offence and it is mandatory for SHO (Where FIR had registered) to take cognizance of such crime which happened in his jurisdiction.
Along with the complaint I am submitting the rulings High Court of India which make him mandatory to book Ms.(Wife Name), Mr (FIL Name),Mrs (MIL Name) Mr (BIL Name) & Ms(SIL Name) under section 3 of DP Act, it being cognizable offence.
Further Learned SSP, go through these rulings and understand them very well and direct SHO(Where FIR had registered) to take action against my wife and in-laws & other relatives to register FIR for congnizable offence like “Giving Dowry” under Section 3 of DP Act.
The judgments and rulings wich is provided are as under, which make you mandatory to direct SHO(Where FIR had registered) to register FIR for cognizable offence like “Giving Dowry” under Section 3 of DP Act.
Hon’ble High Court of Delhi via CRL.M.C 7262-2006 23.02.2007 which talks about registering the FIR against educated people who gave the dowry, in spite knowing the fact that giving dowry is crime and Learned SHO should not entertain any complaint, if the Rule 2 of the Dowry Prohibition( Maintenance of List of Presents to the Bride and Bridegroom) Rules, 1985 is not complied with.
Despite all the ruling and judgments Learned SHO in coalition with my Wife and in-laws registered false FIR against me and my parents without investigating and demanding the required prove of source of income, Flow of money, income tax return, bills of expenses of Rs ________lacks(XYZ Lacks) , and mandatory Maintenance List (stridhan List).
I would request you to kindly look into my grievance and direct to SHO(Where FIR had registered) to register the FIR against Ms.(Wife Name), Mr (FIL Name),Mrs (MIL Name) Mr (BIL Name) & Ms(SIL Name) for giving the dowry u/s 3 of DP Act and no abiding to Rule 2 of DP Rule, 1985.
I have full faith on the Ld. Senior Superintendent of Police of Police that I will be given justice by initiating a strict action against all the law misusers named above by registering a case and saving the precious time and burden of judiciary for preventing undersigned to request the court to initiate action in case of failure.
With Best Regards,
Annexure A: – Copy of my wife complaint dated____& FIR dated ___________
Annexure B: – High Court Judgment of CRL.M.C.7262/2006 dated 23-02-2007
Summary of High Court Judgement
Despite her knowing that dowry demand had already been made, she married in the same family irrespective of the fact that she was well-educated lady and was an engineer and her brother was in police. In fact, these kinds of allegations made after breakdown of the marriage show the mentality of the complainant. I consider where these kinds of allegations are made, the police should simultaneously register a case under Dowry Prohibition Act (in short, the Act) against the parents of the complainant as well, who married their daughter despite demand of dowry. Section 3 of the Act prohibits giving and taking of dowry. If a woman of grown up age and well educated gets married to a person despite dowry demand, she and her family becomes accomplice in the crime under Dowry Prohibition Act.
Now-a-days exorbitant claims are made about the amount spent on marriage and other ceremonies and on dowry and gifts. In some claim is made of spending crores of rupees on dowry without disclosing the of income and how funds flowed. I consider time has come that courts should insist upon disclosing the source of such funds and verification of income from tax returns and police should insist upon the compliance of the Rules under Dowry Prohibition Act and should not entertain any if the rules have not been complied with. Rule 2 of theDowry Prohibition (Maintenance of List of Presents to the Bride and Bridegroom) Rules, 1985