2026 INSC 212 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO…………………………OF 2026 (ARISING OUT OF SLP(CRL.) NO.3075/2024)

DR. SUSHIL KUMAR PURBEY & ANR. …APPELLANTS VERSUS THE STATE OF BIHAR AND ORS. …RESPONDENTS

J U D G M E N T

VIKRAM NATH, J. 1. Leave granted.

2. The present appeal arises from the judgment and order dated 8th August 2023 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No. 70355 of 2022. By the impugned order, the High Court quashed the criminal proceedings against one of the accused, namely, the sister-in-law of the complainant (respondent no. 3), while declining to extend the same relief to the Signature Not Verified present accused-appellants, who are the father-in-law and NEETU KHAJURIA Date: 2026.03.09 Reason:

3. The facts giving rise to the present appeal, shorn of unnecessary details, are as follows:

3.1. The complainant married Dr. Rishi Raj, the son of the present appellants, on 8th July 2019.

3.2. On 31st March 2021, the husband instituted a divorce petition against the complainant under Section 13 of the Hindu Marriage Act, 1955, In short “HMA”, before the Principal Judge, Family Court, Darbhanga, Bihar. 3.3. On 18th March 2022, the complainant submitted a written report, on the basis of which First Information Report2 No. 81/2022 was registered under Sections 341, 323, 498A and 34 of the Indian Penal Code, 18603, and Sections 3 and 4 of the Dowry Prohibition Act, 19614, at Police Station Lalit Narayan University, District Darbhanga, Bihar, against the husband, the two appellants herein, and the sister-in-

law.

3.4. The complainant alleged that, soon after the marriage, she was subjected to persistent torture and cruelty, particularly on account of demands for a BMW car and other valuable articles, which she was unable

2 In short “FIR”

3 Hereinafter, referred to as “IPC”.

4 Hereinafter, referred to as “Dowry Act”.

to fulfil. It was further alleged that the husband physically assaulted her, and that on 18th March 2022, the accused persons, acting in concert, tied a sheet around her neck and strangulated her with the intent to cause her death.

3.5. The complainant additionally filed Complaint Case No. 790/2022 before the Chief Judicial Magistrate, Hajipur, Vaishali, Bihar, wherein she made further allegations against the same accused persons.

3.6. The appellants filed an application for anticipatory bail, which was allowed by the Trial Court vide order dated 12th April 2022.

3.7. Pursuant to the investigation arising out of FIR No. 81/2022, the police report was submitted on 5th June 2022.

3.8. The Judicial Magistrate, vide order dated 7th September 2022, took cognizance of offences under Sections 341, 323, 498A and 34 of the IPC and Sections 3 and 4 of the Dowry Act against the husband, the appellants herein, and the sister-in-law, in L.M.N.U. P.S. Case No. 81 of 2022.

3.9. On 23rd November 2022, the appellants, along with the sister-in-law (respondent no.3), filed a petition under Section 482 of the Code of Criminal Procedure, 1973, Hereinafter, referred to as “CrPC”. seeking quashing of the order dated 7th September 2022, whereby the Judicial Magistrate had taken cognizance of the aforesaid offences.

3.10. The High Court, by the impugned order, partly allowed the petition for quashing, but only insofar as the sister-in-law of the complainant was concerned. The High Court held that the allegations against her were general and omnibus in nature, and therefore insufficient to sustain criminal proceedings. However, the petition was dismissed with respect to the present appellants being the father-in-law and mother-in-law of the complainant with the High Court taking a view that prima facie case had been made out against them. 3.11. Aggrieved by the said order, the present appellants have approached this Court.

4. We have heard the learned counsel appearing for the appellants, the learned counsel for the respondent-State, and the learned senior counsel fo