Shaurabh Kumar Tripathi vs Vidhi Rawal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 873

ABHAY S. OKA, UJJAL BHUYAN
Shaurabh Kumar Tripathi – Appellant
Versus
Vidhi Rawal – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Vinay Navare, Sr. Adv. Mr. Kuldeep Rai, Adv. Ms. Nandini Rai, Adv. Mr. Aryan Dev Pandey, Adv. Mr. Mayur Narang, Adv. Mr. Km. Rimjhim Pandey, Adv. Mr. Alok Mishra, Adv. Mr. Ranjan Nikhil Dharnidhar, AOR
For the Respondent(s): Mr. Anurag Tandon, AOR Mr. Pankaj Thakkar, Adv.

JUDGMENT :

ABHAY S. OKA, J.

1. Leave granted.

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

FACTUAL ASPECTS

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 Section 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 12th December 2019 as per Hindu rites and rituals at Dewas. After two years of marriage, on 8th December 2021, the respondent