SC Says Pleas to Quash Domestic Violence Cases Maintainable at Any Stage

The Supreme Court has held that a petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 corresponding to Section 482 of the Code of Criminal Procedure (CrPC) to quash proceedings under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005, is maintainable at any stage of the proceedings, setting aside a contrary view taken by the Madhya Pradesh High Court.

A bench of Justice Rajesh Bindal and Justice Manmohan passed the order on October 28, 2025, while hearing an appeal filed by V. Krishnamma and others against a December 10, 2024, order of the Madhya Pradesh High Court at Indore, which had dismissed their petition as not maintainable.

The appellants had sought quashing of domestic violence proceedings initiated against them under the 2005 Act. The High Court had refused to entertain the plea, holding that petitions under Section 528 BNSS (earlier Section 482 CrPC) could not be invoked against proceedings under the DV Act.

Before the High Court, the petitioners, who are the in-laws of the complainant, contended that they had been living separately from the couple and never resided in a “shared household” with the respondent. They argued that after her marriage, the complainant began living in a rented house in Bengaluru under her own name, where she also started a business, indicating an independent residence with her husband.

The counsel for the complainant, however, opposed the plea, arguing that a petition under Section 528 BNSS (earlier Section 482 CrPC) to quash proceedings under the Domestic Violence Act was not maintainable at this stage since only an application under Section 12 of the Act had been filed and no order had been passed by the magistrate. The counsel maintained that proceedings under the DV Act are civil in nature and acquire a criminal character only upon the violation of an order passed under the Act. Therefore, the plea, it was argued, should be dismissed as premature.

The petitioners’ counsel countered that proceedings under the DV Act are governed by the CrPC, and hence, the inherent powers of the High Court under Section 482 CrPC can be invoked at any stage to prevent abuse of process. They argued that it was not necessary to wait for a final order under the Act before seeking relief.

After hearing both sides, the High Court had held that the inherent power under Section 482 CrPC could be exercised only for grievances arising from an order passed in proceedings under the DV Act, and not while the matter was still pending before the magistrate. It had observed that “as long as the proceedings are continuing before the magistrate and no final order has been passed, the inherent power under Section 482 CrPC cannot be invoked,” and dismissed the petition as not maintainable.

The Supreme Court disagreed, referring to its earlier judgment in Shaurabh Kumar Tripathi vs Vidhi Rawal (2025), where it had categorically held that petitions challenging DV Act proceedings under Section 12(1) are maintainable under the inherent powers of the High Court.

According to Section 12(1) of the DV Act, an application can be filed before a Magistrate by an aggrieved person or a protection officer or any other person on behalf of the aggrieved person seeking one or more reliefs under this Act.

"In view of Shaurabh Kumar Tripathi judgment of this court, the view expressed by the High Court holding the quashing to be not maintainable, cannot be legally sustained,'' the bench said.

The apex court set aside the High Court's order and remitted the case for fresh consideration on merit. The bench directed the parties to appear before the High Court on November 11, 2025.

Case Title: VKrishnamma & Ors Vs Garima Bais

Judgment Date: October 28, 2025

Bench: Justice Rajesh Bindal and Justice Manmohan