Supreme Court: Domestic Violence Act Complaints Can Be Quashed by High Courts Under Section 482 CrPC / 528 BNSS: Shaurabh Kumar Tripathi vs Vidhi Rawal

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On May 19, 2025, the Supreme Court of India delivered a significant judgment affirming that High Courts have the inherent power to quash complaints filed under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005, using Section 482 of the Code of Criminal Procedure (now Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2003).

Key Highlights of the Judgment:

  • Incorrect High Court View Corrected: The Court held that the High Court’s view that Section 482 CrPC cannot be invoked to quash DV Act proceedings was incorrect. It clarified that High Courts can indeed use inherent powers to quash such cases.

  • Civil Nature Argument Rejected: While proceedings under Section 12(1) of the DV Act are predominantly civil in nature, that alone does not bar the High Court from intervening in cases of abuse of legal process or gross injustice.

  • Caution Advised: The Court emphasized that since the DV Act is a welfare legislation designed to protect women from domestic abuse, High Courts must exercise great caution and restraint when deciding to quash complaints under it.

  • Scope of Section 482/528: Interference under Section 482 should generally be limited to cases involving clear abuse of the legal process or gross injustice. A “hands-off” approach is generally advisable unless exceptional circumstances exist.

  • Justice A.S. Oka’s Remark: Justice Oka acknowledged he had once been part of a High Court judgment denying the use of Section 482 in DV Act cases but noted that the view had since been overruled. “Even for judges, the learning process always continues,” he remarked.

  • Case Name: Shaurabh Kumar Tripathi vs Vidhi Rawal

Conclusion:
This landmark decision reaffirms the judiciary’s role in balancing the protection of women from domestic violence with the need to prevent misuse of legal provisions. It upholds the High Court’s discretion while underscoring judicial responsibility in safeguarding both justice and legislative intent.

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