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In a significant ruling on May 19, 2025, the Supreme Court of India clarified that High Courts can quash complaints filed under Section 12(1) of the Domestic Violence Act, 2005, by using their inherent powers under CrPc Section 482 of the Criminal Procedure Code (now Section 528 of the BNSS, 2023). This decision marks a major legal development, especially in cases involving abuse of process or clear injustice. The Court emphasized that while the DV Act is a welfare legislation, High Courts must exercise caution and restraint when deciding such matters. This article by Rajendra Law Office LLP explores the judgment in detail, its legal reasoning, its impact on litigants, and strategic implications for lawyers handling domestic violence cases. Stay informed about your legal rights and remedies.
Supreme Court Clarifies: DV Act Complaints Can Be Quashed Under CrPC 482 / BNSS 528
A Landmark Judgement in Domestic Violence Jurisprudence
On May 19, 2025, the Hon’ble Supreme Court delivered a vital verdict in the case of Shaurabh Kumar Tripathi vs Vidhi Rawal, clarifying that complaints under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005 can be quashed by High Courts under Section 482 of CrPC, now re-codified as Section 528 under BNSS, 2023.
What Did the Court Say?
DV Complaints Not Immune from Quashing
- DV Act proceedings, though civil in nature, may be quashed.
- Section 482 CrPC grants inherent powers to prevent misuse of legal process.
This correction acknowledges that justice must prevail over procedural rigidity.
Grounds for Quashing DV Act Proceedings – CrPC 482 / BNSS 528
When Can the High Court Intervene?
Intervention is valid when:
- There is gross abuse of legal process.
- The complaint is manifestly absurd or malicious.
- There is clear illegality on record.
The Bench’s Warning
- High Courts must act sparingly.
- DV Act is a welfare legislation protecting women.
- Courts should maintain a “hands-off approach” unless justice demands otherwise.
Past Errors and Judicial Learning
Justice AS Oka’s Reflection
Justice Oka acknowledged a previous view he had taken in 2016 with the Bombay High Court, which was later overturned. He humbly noted:
“Even judges continue to learn. We must correct our past errors in the interest of justice.”
Implications for Litigants and Advocates
Strategic Takeaways for Legal Professionals
- Relief now available in exceptional DV cases under CrPC 482/BNSS 528.
- Counsel must establish illegality or injustice before seeking quashing.
- Clients must be advised on the narrow scope of relief to avoid false hopes.
For Petitioners:
- Highlight procedural abuse or legal errors.
- Show how the case offends justice.
For Respondents:
- Emphasize the civil and protective purpose of the DV Act.
- Argue against interference unless strong grounds exist.
Final Thoughts – A Balance Between Justice and Welfare on CrPC 482 / BNSS 528
This verdict reflects a progressive yet cautious stance by the Supreme Court. While safeguarding genuine victims under the DV Act, the judgment also allows High Courts to check misuse of legal mechanisms. This dual approach reinforces rule of law, judicial integrity, and procedural fairness.
Need Legal Advice on DV Act Cases?
Rajendra Law Office LLP offers specialized counsel on Domestic Violence litigation, including:
- Representation in Magistrate Courts
- Filing or defending Section 12 complaints
- Strategic Petitions under CrPC 482 / BNSS 528
📞 Contact us today for a confidential consultation and let experience defend your rights.
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