The Supreme Court of India
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New Delhi: The Supreme Court has said a complaint filed under the Domestic Violence Act can be quashed by the High Court under its inherent jurisdiction at any stage of the proceedings and it is not essential for an order to be passed by a judicial magistrate.
A bench of Justices Rajesh Bindal and Manmohan set aside the Madhya Pradesh High Court's judgment of December 12, 2024, which dismissed a petition filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (Section 482 CrPC) for quashing of the proceedings under the Protection of Women from Domestic Violence Act, 2005, as not maintainable.
The High Court agreed with a contention by the complainant woman that the plea for quashing was not maintainable since then only application under Section 12 of the DV Act of 2005 was filed and no order has been passed under any Section of the Act.
The complainant contended as long as the proceedings continued, they are of civil nature and partake the character of criminal proceedings only upon passing of an order under the Act, 2005 which is then breached. Therefore, the petition was not maintainable.
As the aggrieved appellants approached the apex court, the bench noted the law on the issue is well settled by a judgment of this Court in Shaurabh Kumar Tripathi Vs Vidhi Rawal (2025), wherein it was held that the petition under Section 482 of the CrPC challenging proceedings emanating from Section 12(1) of the DV Act is maintainable.
"The view expressed by the High Court holding the quashing to be not maintainable, cannot be legally sustained,'' the bench said in its order on October 28, 2025, allowing the plea.
The court remitted back the matter to the High Court for a fresh consideration and directed the parties to appear there on November 11, 2025.