Home | Legal Advice | Criminal Law | Dowry death committed in matrimonial home

Dowry death committed in matrimonial home

Shivendra Pratap Singh

Advocate

21/09/2015/ 1:23:42 PM

Reading Time:

My sister is married in last year. His husband is an engineer and living in Bangalore. We have given Rs 20 lakh as dowry at the time of marriage. My sister was very jolly and well educated and also an engineer working at Pune. Just after the marriage, her father-in-law started the demand for more dowry for buying a flat in Bangalore.

Her father-in-law is a senior IAS of U.P. He always shows his official and political approach to dominate us. Whenever we visit my sister’s in-law’s home his father and mother-in-law used to humiliate us in the manner to feel us a miser family. My father is a chief engineer in power corporation.

On 12 August, on the birthday of my sister, he informed us that your daughter found dead in her bedroom and they are going to cremate her. Probably cause of death is heart attack so if you want to see her dead body you may attain her funeral. 

She was lying at the entrance of her bedroom and we noticed a ligature mark on the neck of my sister, thereafter we went to the police station to lodge an FIR under section 302/306/304 B/ 498 A IPC and section 3/4 DP Act. What would be the next course of action and what her father-in-law can do to protect his family?

All the sections mentioned in FIR are constituting commission of the cognizable offence. Police are bound to initiate an investigation without the permission of the court. However deceased’s father-in-law is an IAS officer so he may influence the investigation. But you should be borne in mind that court is not bound to accept findings of investigation submitted by the police under section 173 of CRPC.

If you find that final report submitted by the police under section 173 of CRPC is manipulated by someone and that report is accepted by the court then you have right to file protest petition before the same court.

In Arun Bhandari vs State of U.P. 2013 SCC: when investigating Officer, after completing the investigation, submitted the final report stating that the case was civil and no criminal offence had been made out. In this situation, the informant of FIR may file a protest petition before the learned Magistrate.

The court may take that protest petition as a complaint from the informant and pass appropriate order after application of his judicial mind. The court may return or reject the final report of the police and may order for re-investigation of the case. On reject of the protest petition, you may file an appeal before the court of sessions.

In Manojbhai Bhagwandas Shah vs State Of Gujarat AIR 2001: on submission of the final report, the court may issue a notice to the informant of FIR for filing of the protest petition. If informant does not want to file such petition then the court, it finds that further investigation is needed because of the manipulation of the final report, may take cognizance of the case under section 190 CRPC and direct for further investigation.

But at this time investigation is conducted by police so you should collect some evidence regarding the case and state your version before the investigating officer (IO). IO may record all the statements of the witness which is relevant to the case. Section 161 of CRPC empowers the IO to record such statements. Charge sheet or final report will be based on the collection of evidence by the police during the investigation.

Your case is immature for any order from the court regarding the investigation. Court has limited power regarding the investigation and the court cannot interfere in the investigation. The court may pass appropriate order after filing of a police report under section 173 CRPC.

He may manipulate the investigation or destroy some evidence but ultimately justice will be done. Today courts are so strict in offences against woman and especially in dowry death cases. If some concrete evidence comes before the court then the court may pronounce judgment on them. Even statement recorded in examination in chief is sufficient if it is corroborated with some other evidence. The burden to prove innocence is on the accused because death is committed in their home and some injuries also found in the deceased body. Which needs to be explained in the trial.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

Transfer cheque bounce case to my current place of living

Question: I want to transfer cheque bounce case to my current place of living. I took a personal loan from Kotak Mahindra Bank for 4 lacs and had been paying EMI for up to 19 months and due to COVID and loss of job. After the moratorium, I am not able to pay my emi....

How to lodge FIR in loss of mobile phone?

Question: I am from Kolkata. my Phone has some last memories of my grandma. I lost my mobile on 16.05.2022 and my mobile rang for about 6 hours and then switched off. How to lodge FIR in loss of mobile phone? Obviously it's switched off by someone. I went to the local...

Can I file FIR against husband in delhi for bigamy?

Question: Our marriage solemnised in the UAE. My husband is working in the UAE. After I got married in UAE on 5th Feb 2022 I came to know that I have been cheated. My husband was married 2 times before Married to me. He has not dissolved his previous marriage. Can I...

Physical assault from my boyfriend

Question: Physical assault from my boyfriend. I went to the police station for an FIR but they refused to lodge. They said to approach the court and file the complaint. As I was afraid he could do the same to me, I left him and went to my place as we are living in a...

Withdraw criminal case in the absence of accused

Question: Is it possible to withdraw a criminal case in the absence of an accused? Hi Sir, My sister in law filed two cases against my brother which were 1. Warrant of Summons Criminal Case, IPC none 2. Criminal Misc. Cases, IPC. For one of them I've received court...

Search and arrest by police in a different state

Question: The police of Uttarakhand come to Uttar Pradesh, search and arrest a person under NDPS Act. Police of Uttarakhand become the complainant of the case. Can they really do so? Search and arrest by police in a different state is possible or not. Asked from:...

Can we prove our absence through the CRD?

Question: We are facing the false family matters cases at Jhansi courts. Can we prove our absence through the CRD? Can I get it from the court? Date of incidence on record is 23.06.2019 at Jhansi. But we weren't in Jhansi at that time. In Fact we were at our...

Can the court quash the FIR lodged under Section 468 IPC?

Question: Allegation made under 468 IPC. Now the parties have settled the matter. But the trial is proceeding. So can we quash the case? Can the court quash the FIR lodged under Section 468 IPC? Asked from: Uttar Pradesh Section 468 of Indian Penal Code is a non...

A guilty person can lodge an FIR

Question: I want to know if a guilty person can lodge an FIR? If I beat someone due to harassment or any other criminal activity and an FIR is lodged against me, can I still lodge an FIR against the person I have beaten for his activity? Asked from: West Bengal Guilty...

Can I lodge an FIR after ten years of incident?

Question: My boyfriend had raped me in my PG when I was studying in engineering college. Now I have joined a multinational company and am working in Bangalore. He has traced me and is now trying to establish a relationship. I am married and a mother of two childs. Can...

Whether prostitute’s customer commits offence

Question: Police is calling prostitute’s customer. The police said that it is an offence under Section 3/4/5/7 of the Immoral Traffic Prevention Act. I want to know whether prostitute’s customer commits offence if he had sex with her? Mrs X is doing some sort of...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54