Power Under Section 482 Crpc To Quash DV Act

In a significant judgment, the Supreme Court on May 19, 2025 held that the High Courts can exercise power under section 482 of CrPC (Section 528 of BNSS) for quashing the proceeding emanating from the application under section 12(1) DV Act, 2005 pending before the learned magistrate. However, considering the object of the DV Act, 2005 should be exercise care and caution while considering an application under section 12(1). Generally interference under section 482 CrPC is justified only in cases of gross illegality or injustice. Power of  the High Courts Under Section 482 Crpc and  528 of BNSS To Quash DV Act.

Power Under Section 482 Crpc To Quash DV Act

Accordingly, the Supreme Court quashed the order dated 9^th may 2024 passed by the High Court of Madhya Pradesh and also restored the petition of the appellant   under section 482 of CrPC (Section 528 of BNSS).

The Supreme Court allowed the appeal challenging the judgment and order dated passed by the High court of Madhya Pradesh by which the High Court had dismissed  the petition of  the  appellant filed under section 482 of CrPC (Section 528 of BNSS) to quash proceeding initiated under section 12 DV Act.

Brief Facts

The brief facts is that aggrieved by the threats, the respondent filed an application against the appellants under section 12 of the DV Act, 2005 alleging therein that the appellant would beat her and throw her out of the house. Then the appellant filed petition under section 482 of the CrPC to quash the application under section 12 DV Act, 2005 by which the High Court dismissed the petitions on the ground that the proceeding under section 12 of the Domestic Violence Act, 2005 being civil in nature, cannot be quashed.

Legal issues

Whether the High Court can invoke its inherent jurisdiction under section 482 CrPC or Section 528 of BNSS to quash proceeding under section 12 DV Act.

Court Reasoning 

These are certain decision of the High Courts which have held that the jurisdiction under section 482 of the CrPC is not available to quash proceeding of an application under section 12(1) DV Act, 2005. These decisions are mainly on the ground that proceeding under section 12(1) DV Act are primarily civil in nature. The said view is not correct for the reasons stated earlier.

The Supreme Court concluded that the view taken in the impugned judgment and order passed by the High Court that a petition under section 482 CrPC for challenging the proceeding emanating under section 12(1) of the DV Act. 2005 is not maintainable.

The bench further stated that Section 482 saves the inherent power of the High Court to prevent the abuse of the process of any court or otherwise to secure the ends of justice. Therefore in a given case where a learned magistrate is considering  an application  under  section 12(1) DV Act, the High Court can exercise the power under section 482 to prevent the abuse  of the process of any Court or to secure ends  of justice.

Therefore the High Court can exercise jurisdiction under section 482 of CrPC to quash the proceedings of an application under section 12(1) or orders passed under section 18 to 23 of the DV Act, 2005.

Conclusion

In Conclusion, the view taken in the impugned order of the High Court that a petition under Section 482 CrPC challenging the proceeding arising out of Section 12(1) of the DV Act, 2005 is not maintainable is not the correct view. We hold  that the High Court can exercise power under Section 482 CrPC (Section 528 of BNSS) to quash the proceedings arising out of an application under section 12(1) DV Act, 2005 pending  before the Court of the learned magistrate. However, considering the purpose of the DV Act, 2005 the High Courts should exercise caution and care in dealing with applications under Section 12(1). Normally, interference under section 482 is justified only in cases of gross illegality or injustice.

Accordingly, the Supreme Court quashed the order dated 9^th may 2024 passed by the High Court of Madhya Pradesh and also restored the petition of the appellant   under section 482 of CrPC (Section 528 of BNSS).

Case Title: Shaurabh. Vs. Vidhi Rawal 2025 INSC 734

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