Shaurabh Kumar Tripathi vs Vidhi Rawal 2025 INSC 734 - S.482 CrPC - Quashing Domestic Violence Cases

Code of Criminal Procedure 1973 - Section 482 [Section 528 BNSS ] - Protection of Women from Domestic Violence Act, 2005 -Section 12 - High Courts can exercise power under Section 482 CrPC (Section 528 BNSS) for quashing the proceedings emanating from the application under Section 12(1) of the DV Act, 2005, pending before the Court of the learned Magistrate. However, considering the object of the DV Act, the High Courts should exercise caution and circumspection when dealing with an application under Section 12(1). Normally, interference under Section 482 is warranted only in the case of gross illegality or injustice. (Para 39) [SC has clarified that it is not dealing with other legal proceedings in which reliefs under Sections 18 to 22 are sought in the Courts referred to in Section 26 of the DV Act. (Para 25)]

Protection of Women from Domestic Violence Act, 2005 - Notwithstanding the penal provisions in the form of Sections 31 and 33 of Chapter V, the proceedings before the Magistrate under the DV Act, 2005, are predominantly of a civil nature. (Para 28.1)

Protection of Women from Domestic Violence Act, 2005 -Section 12 - Code of Criminal Procedure 1973 - Section 200 [Section 223 BNSS ] - An application under Section 12 of the DV Act, 2005, cannot be equated with a complaint within the meaning of Section 200 of the CrPC (Section 223 of the BNSS)- the normal rule is that a notice of hearing must be issued on the application. The scheme of Section 12 is completely different from Section 200 of the CrPC or Section 223 of the BNSS. (Para 21)

Protection of Women from Domestic Violence Act, 2005 -Section 12,26,27 - The Court of the Judicial Magistrate of the First Class or the Metropolitan Magistrate, as the case may be, has jurisdiction to entertain applications under Section 12 of the DV Act, 2005 as can be seen from the provisions of Sections 12 and 27 read with clause (i) of Section 2 of the DV Act, 2005- in a given case, in any legal proceedings pending before a Civil Court or Family Court affecting the aggrieved person, the reliefs under Sections 18 to 22 can be sought. Similarly, in a Criminal Court other than the Courts of Judicial Magistrate of the First Class and Metropolitan Magistrate, reliefs under Sections 18 to 22 can be sought. For example, in proceedings before a Court of Session, such reliefs can be sought provided the proceeding affects the aggrieved person. We must note here that Section 26 does not confer jurisdiction on Courts other than the Courts mentioned in Section 27 to entertain an application under Section 12 of the DV Act, 2005. It only enables the Courts mentioned therein to grant the reliefs under Sections 18 to 22 in the pending legal proceedings. (Para 24.1)

Code of Criminal Procedure 1973 - Section 482 [Section 528 BNSS ] - Protection of Women from Domestic Violence Act, 2005 -Section 12,26,27 -When it comes to exercise of power under Section 482 of the CrPC in relation to application under Section 12(1), the High Court has to keep in mind the fact that the DV Act, 2005 is a welfare legislation specially enacted to give justice to those women who suffer from domestic violence and for preventing acts of domestic violence. Therefore, while exercising jurisdiction under Section 482 of the CrPC for quashing proceedings under Section 12(1), the High Court should be very slow and circumspect. Interference can be made only when the case is clearly of gross illegality or gross abuse of the process of law. Generally, the High Court must adopt a hands-off approach while dealing with proceedings under Section 482 for quashing an application under Section 12(1). Unless the High Courts show restraint in the exercise of jurisdiction under Section 482 of the CrPC while dealing with a prayer for quashing the proceedings under the DV Act, 2005, the very object of enacting the DV Act, 2005, will be defeated. (Para 33-35)

Followed in:

V. Krishnamma vs Garima Bais - S.482 CrPC - S.12 Domestic Violence Act - Quashing

Code of Criminal Procedure 1973 - Section 482 [Section 528 BNSS] - Protection of Women from Domestic Violence Act, 2005; Section 12- The petition under Section 482 of the Cr.P.C. challenging proceedings emanating from Section 12(1) of the D.V. Act is maintainable. Case Info Extracted Details

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