Shaurabh Kumar Tripathi vs Vidhi Rawal, 2025
Whether High Courts can exercise inherent powers under Section 482 CrPC (now Section 528 BNSS) to quash proceedings initiated under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005.
Judgement Details
Court
Supreme Court of India
Date of Decision
21 May 2025
Judges
Justice Abhay S. Oka ⦁ Justice Ujjal Bhuyan
Citation
Acts / Provisions
Facts of the Case
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The Petitioner, Shaurabh Kumar Tripathi, married Vidhi Rawal on December 12, 2019, as per Hindu rites in Dewas.
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On January 7, 2022, Vidhi Rawal filed an FIR at P.S. Mahila Thana, Dewas, alleging mental and physical harassment by her husband and in-laws due to dowry demands.
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The petitioners sought to quash the FIR under Section 482 CrPC, arguing that the allegations were baseless.
Issues
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Whether High Courts can exercise inherent powers under Section 482 CrPC to quash proceedings under Section 12(1) of the DV Act?
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Does the nature of proceedings under the DV Act preclude their quashing under Section 482 CrPC?
Judgement
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The Supreme Court overruled the view that Section 482 CrPC cannot be invoked to quash proceedings under Section 12(1) of the DV Act.
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The Court affirmed that High Courts have inherent powers under Section 482 CrPC (now Section 528 BNSS) to quash proceedings under Section 12(1) of the DV Act, if warranted.
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While acknowledging that proceedings under the DV Act are predominantly civil, the Court emphasized that inherent powers can still be exercised in cases of gross abuse or illegality.
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The Court advised High Courts to exercise caution and circumspection when dealing with applications under Section 12(1), emphasizing that interference is warranted only in cases of gross illegality or injustice.
Held
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High Courts can exercise inherent powers under Section 482 CrPC to quash proceedings under Section 12(1) of the DV Act, but only sparingly and in exceptional cases.
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The view that such powers do not apply to Section 12(1) proceedings was declared incorrect.
Analysis
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The Supreme Court established a clear legal precedent, resolving confusion among various High Courts regarding the applicability of Section 482 CrPC to DV Act proceedings.
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Justice Oka acknowledged his previous judgment (Bombay HC, 2016) that had taken a contrary stance, emphasizing the learning process in judicial decision-making.
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The decision strikes a balance between preventing abuse of legal process and preserving the protective intent of domestic violence laws, emphasizing judicial restraint while affirming the availability of remedy in deserving cases.