SHAURABH KUMAR TRIPATHI Vs. VIDHI RAWAL

JUDGEMENT

(1.) Leave granted.

(2.) The main question involved in the appeals is whether the High Court can invoke its inherent jurisdiction under Sec. 482 of the Criminal Procedure Code, 1973 (for short, 'the CrPC ') or Sec. 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short, 'the BNSS ') to quash proceedings initiated under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (for short 'the DV Act, 2005 ').

(3.) The two connected appeals involve a challenge to the common order passed by the High Court rejecting the appellants ' prayer to quash proceedings initiated under Sec. 12(1) of the DV Act, 2005. The appellant in the Criminal Appeal arising out of SLP(Crl) 9493 of 2024, Shaurabh Kumar Tripathi, is the respondent 's brother-in-law whereas the appellants in the Criminal Appeal arising out of SLP(Crl) 13896 of 2024, Prateek Tripathi, Vivekanand Tiwari and Mira Tiwari, are the respondent 's husband, father-in-law and mother-in-law respectively. Prateek Tripathi married the Respondent, Vidhi Rawal, on 12/12/2019 as per Hindu rites and rituals at Dewas. After two years of marriage, on 8/12/2021, the respondent made a complaint to the Station House Officer at the Police Station Women Consultancy Centre, Dewas, against Prateek Tripathi, and Vivekanand Tiwari alleging that dowry was demanded by them. On 7/1/2022, the respondent lodged FIR No.3 of 2022 at P.S Mahila Thana, Dewas under Sec. 498A, 504, 506 and 34 of the IPC against the appellants alleging mental and physical harassment on account of non-payment of dowry. The respondent claimed that on her return from work in Johannesburg, South Africa, the appellants tortured her, demanding a sum of Rs.20.00 Lakh cash and a top model SUV car.