On May 19, the Supreme Court ruled that High Courts have the authority to quash complaints filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005. This power can be exercised under Section 482 of the Code of Criminal Procedure (CrPC), which has now been reclassified as Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2003 (BNSS).
While affirming this authority, the Supreme Court emphasized the need for High Courts to exercise "caution and circumspection" when handling applications under Section 12(1) of the Domestic Violence Act.
Read Also: Supreme Court Forms SIT to Probe BJP Minister Vijay Shah’s Remarks Against Colonel Sofiya Qureshi
"Normally, interference under Section 482 is warranted only in case of gross illegality or injustice," the bench stated, comprising Justice AS Oka and Justice Ujjal Bhuyan.
Background and Clarification by Justice Oka
Justice AS Oka, who was part of the bench, recalled his involvement in a 2016 Bombay High Court judgment. This judgment initially held that Section 482 CrPC could not be used to quash proceedings under Section 12(1) of the Domestic Violence Act. However, this view was later corrected by a Full Bench of the same High Court, which clarified that such powers are available.
"We are duty-bound to correct our mistakes in properly considered proceedings. Even for judges, the learning process always continues," Justice Oka stated.
The ruling is significant because it reaffirms the power of High Courts to ensure that complaints filed under the Domestic Violence Act do not become a tool for harassment. However, it also places a responsibility on the courts to use this power judiciously, ensuring justice without undermining the rights of women protected by the Act.
