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Criminal · Reportable judgment

Shaurabh Kumar Tripathi vs Vidhi Rawal

Court
Supreme Court of India
Date
19 May 2025
Case No.
Criminal Appeal No. 2688 of 2025
Result
Allowed
Bench
Abhay S. Oka, Ujjal Bhuyan
Citation
[2025] 6 S.C.R. 545 : 2025 INSC 734
Acts & Sections
CrPC Bharatiya Nagarik Suraksha Sanhita, 2023 Protection of Women from Domestic Violence…
Supreme Court Reports [2025] 6 S.C.R. 545 : 2025 INSC 734
Issue for consideration
Whether the High Court can invoke its inherent jurisdiction u/s.482, Criminal Procedure Code, 1973 or s.528, Bharatiya Nagarik Suraksha Sanhita, 2023 to quash proceedings initiated u/s.12, Protection of Women from Domestic Violence Act, 2005.
Headnote

Criminal Procedure Code, 1973 – s.482 – Bharatiya Nagarik Suraksha Sanhita, 2023 – s.528 – Protection of Women from Domestic Violence Act, 2005 (DV Act) – s.12 – Exercise of power of High Court u/s.482, CrPC (s.528, BNSS) to quash proceedings u/s.12, DV Act – Permissibility: Held: High Courts can exercise power u/s.482, CrPC (s.528, BNSS) for quashing the proceedings initiated u/s.12(1) of the DV Act, 2005, pending before the Court of the Magistrate – However, considering the object of the DV Act, 2005, the High Courts should exercise caution and circumspection when dealing with an application u/s.12(1) – Normally, interference u/s.482 is warranted only in the case of gross illegality or injustice – View taken in the impugned order of the High Court that a petition u/s.482, CrPC for challenging the proceedings emanating from s.12(1), DV Act, 2005 is not maintainable, is not the correct view – Order passed by High Court quashed – Petitions filed by the appellants u/s.482, CrPC to quash the application u/s.12, DV Act restored to the file of the High Court. [Para 39]

Protection of Women from Domestic Violence Act, 2005 (DV Act) – ss.12, 28 – Criminal Procedure Code, 1973 – s.200 – Bharatiya Nagarik Suraksha Sanhita, 2023 – s.223 – Scheme of s.12 vis-a-vis s.200, CrPC or s.223, BNSS. [Paras 18, 21] Protection of Women from Domestic Violence Act, 2005 (DV Act) – s.12 – Criminal Procedure Code, 1973 – s.482 – Bharatiya Nagarik Suraksha Sanhita, 2023 – s.528 – Nature of proceedings u/s.12 – Quashing of proceedings u/s.12:

Held: Notwithstanding the penal provisions in the form of ss.31 and 33 of Chapter V, the proceedings before the Magistrate under the DV Act are predominantly of a civil nature – Decisions of the High Courts taking a view that the jurisdiction u/s.482, CrPC is not available to quash proceedings of an application u/s.12(1), DV Ac are primarily based on the premise that proceedings u/s.12(1) are predominantly of a civil nature – Said view is not correct. [Paras 28.1, 37]

Criminal Procedure Code, 1973 – s.482 – Protection of Women from Domestic Violence Act, 2005 (DV Act) – s.12 – Two parts of s.482 – Which part is applicable to proceedings u/s.12, DV Act – Discussed. [Paras 31, 32]

Protection of Women from Domestic Violence Act, 2005 (DV Act) – Object of – Discussed. [Para 12]

Keywords: Inherent jurisdiction of High Court under Section 482, Criminal Procedure Code, 1973 or Section 528, Bharatiya Nagarik Suraksha Sanhita, 2023 · Quashing of proceedings initiated under Section 12, Protection of Women from Domestic Violence Act, 2005 (DV Act, 2005) · Object of the DV Act, 2005

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Abhay S. Oka, J. 1. Leave granted. 2. The main question involved in the appeals is whether the High Court can invoke its inherent jurisdiction under Section 482 of the Criminal Procedure Code, 1973 (for short, ‘the CrPC’) or Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’) to quash proceedings initiated under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short ‘the DV Act, 2005’). FACTUAL ASPECTS 3. The two connected appeals involve a challenge to the common order passed by the High Court rejecting the appellants’ pr
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