The Supreme Court clarifies inherent powers under CrPC for quashing DV Act proceedings.
CASE SUMMARY – In the case, Shaurabh Kumar Tripathi vs Vidhi Rawal Supreme Court addressed whether High Courts can quash proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005, using inherent powers under Section 482 CrPC (Section 528 of the BNSS). SC allows quashing of domestic violence act proceedings under section 482 crpc. The Court clarified that while the proceedings are civil in nature, they are conducted in criminal courts, hence subject to inherent jurisdiction. However, such power should be exercised sparingly and cautiously. The Court set aside the High Court’s order and reinstated the petitions, reaffirming judicial discretion to prevent injustice in domestic violence cases.
SC ALLOWS QUASHING OF DOMESTIC VIOLENCE ACT PROCEEDINGS UNDER SECTION 482 CrPC
| ASPECTS | DETAILS |
| Case Title | Shaurabh Kumar Tripathi vs Vidhi Rawal (Criminal Appeal No. 2688 of 2025) |
| Introduction | The appeals question whether High Courts can invoke inherent powers under Section 482 CrPC (Section 528 BNSS) to quash DV Act proceedings under Section 12. |
| Factual Background | Marriage in 2019; complaint filed in 2021; FIR lodged; domestic violence application filed in 2022. Allegations of dowry harassment and physical abuse made. |
| Legal Issues | Whether Section 12 proceedings under the DV Act can be quashed using inherent powers of the High Court under Section 482 CrPC (Section 528 BNSS). |
| Applicable Law |
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| Analysis | DV Act proceedings are civil in nature but heard in criminal courts. Despite civil nature, High Courts can use inherent powers to quash in exceptional cases. |
| Conclusion | High Courts can quash proceedings under Section 12 DV Act via Section 482 CrPC (Section 528 BNSS), but must act cautiously to avoid defeating DV Act’s protective intent. |
| Current Scenario | The Supreme Court quashed the High Court’s rejection and restored the matter for reconsideration based on clarified legal position. |
“High Courts can exercise power under Section 482 CrPC to quash DV Act proceedings, but must act with caution.”
SOURCE – SUPREME COURT OF INDIA
READ ALSO – INHERENT POWERS OF HIGH COURT
