Supreme Court Clarifies Whether High Courts Can Use Section 482 CrPC to Quash Domestic Violence Cases

In a landmark judgment, the Supreme Court of India held that High Courts can invoke their inherent powers under Section 482 of the Code of Criminal Procedure (CrPC), 1973, and Section 528 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, to quash proceedings initiated under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005 (DV Act). The ruling was delivered by a bench comprising Justices Abhay S. Oka and Ujjal Bhuyan. 

Background 

The case arose from a Madhya Pradesh High Court order rejecting petitions to quash domestic violence proceedings. The petitions were filed by a woman's husband and in-laws, accused of dowry harassment following her return from South Africa. She had approached the Magistrate under Section 12 of the DV Act seeking relief under Sections 18 to 23. 

The High Court ruled that since DV Act proceedings were civil in nature, the inherent powers of the High Court under Section 482 CrPC could not be invoked. 

Supreme Court’s Findings: 

The Supreme Court rejected the High Court's conclusion, determining that its reasoning was flawed and reaching a different verdict on the matter. It emphasized that while the DV Act provides civil remedies, it is enforced through Magistrates, who function as criminal courts under the CrPC. Section 28 of the DV Act also makes the CrPC applicable to such proceedings. 

The Court clarified that an application under Section 12 of the DV Act is not a criminal complaint under Section 200 CrPC, but still falls within the broader framework of criminal procedure. Therefore, the High Court's inherent powers under Section 482 CrPC are applicable. 

The bench noted: 

“The High Court can exercise power under the second part of Section 482 to prevent abuse of process or to secure the ends of justice.” 

However, the Court also cautioned that such power should be exercised sparingly and only in cases involving glaring illegality or abuse of process, so as not to undermine the protective purpose of the DV Act. 

Final Decision: 

The Supreme Court nullified the Madhya Pradesh High Court's order from May 9, 2024, and reinstated the quashing petitions for a fresh review. It held that High Courts are indeed empowered to quash DV Act proceedings under Section 482 CrPC or Section 528 BNSS, subject to judicial restraint and case-specific merit.