The Allahabad High Court has refused to quash criminal proceedings against Nirmala Devi, who was facing allegations under the Bharatiya Nyaya Sanhita (BNS) and the Dowry Prohibition Act following the death of her daughter-in-law within four years of marriage. The Court held that the medical opinion indicating myocardial infarction could not, by itself, justify ending the proceedings at the preliminary stage.
Justice Chawan Prakash passed the order on September 24, 2026, in an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The application sought quashing of the charge sheet, the cognizance/summoning order and the criminal proceedings pending before the Chief Judicial Magistrate, Firozabad.
Background
According to the prosecution, the marriage between the deceased and the applicant’s son took place on May 4, 2021. The deceased was found unconscious at her matrimonial home on the night of February 18/19, 2025. She was taken to hospitals in Firozabad and Agra and died on February 25, 2025. The post-mortem report recorded the cause of death as shock resulting from myocardial infarction.
The opposite party alleged that substantial dowry had been given and that the deceased was subsequently subjected to dowry-related harassment and cruelty. It was also alleged that shortly before her hospitalization, the deceased had informed her mother about being physically assaulted.
The High Court examined whether the allegations, at the preliminary stage, disclosed the ingredients of cruelty and other alleged offences. The Court noted that not every disagreement or ill-treatment amounts to cruelty, but a sufficiently serious single act can also fall within the statutory definition. It further found that the allegations against the applicant were specific and supported by statements collected during investigation.
On the question of dowry death, the Court observed that the expression “otherwise than under normal circumstances” cannot automatically be limited to visible injuries or poisoning. It held that determining whether the deceased’s medical condition was entirely natural or was connected with alleged cruelty required examination of medical experts and other evidence during trial.
The Court further stated:
“Considering the specific allegations of dowry demand made against the applicants and the fact that the death occurred within four years of the marriage, the medical opinion indicating ‘shock as a result of myocardial infarction’ cannot, by itself, be treated as a conclusive ground for quashing the charge sheet, the cognizance order or the entire criminal proceedings at this stage.”
The High Court held that the issues involved disputed questions of fact and law that required a full trial. It concluded that the proceedings could not be quashed at this stage and accordingly dismissed Nirmala Devi’s application.
Case Details
- Case Title: Nirmala Devi v. State of U.P. and Another
- Case Number: Application U/S 528 BNSS No. 11303 of 2026
- Judge: Justice Chawan Prakash
- Decision Date: September 24, 2026
