Institute of Legal and Management Studies

The Supreme Court on Monday (May 19) held that High Courts can quash complaints filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005, in exercise of their inherent powers under Section 482 of the Code of Criminal Procedure (now S.528 of the Bharatiya Nagarik Suraksha Sanhita, 2003).

At the same time, the bench cautioned that considering the object of the DV Act, the High Court should exercise caution and circumspection when dealing with an application under Section 12(1).

"Normally interference under section 482 is warranted only in case of gross illegality or injustice," the bench observed. A bench comprising Justice AS Oka and Justice Ujjal Bhuyan pronounced the verdict.

Justice Oka noted that he was party to a judgment of the Bombay High Court delivered in 2016 which took the view that remedy under Section 482 CrPC is not available for quashing the proceedings under Section 12(1) of the DV Act. However, this view was found to be incorrect by the Full Bench of the same High Court later.

"We are duty-bound to correct our mistakes in properly considered proceedings. Even for judges, the learning process always continues," Justice Oka said.

To be updated once the judgment is uploaded.