Supreme Court of India
Shaurabh Kumar Tripathi v. Vidhi Rawal
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What the Court ordered
We hold that High Courts can exercise power under Section 482 of CrPC (Section 528 of the BNSS) for quashing the proceedings emanating from the application under Section 12(1) of the DV Act, 2005, pending before the Court of the learned Magistrate.
Judgment, page 23
From the headnote
Issue for Consideration Whether the High Court can invoke its inherent jurisdiction u/s.482, Criminal Procedure Code, 1973 or s.528, Bharatiya Nagarik Suraksha Sanhita, 2023 to quash proceedings initiated u/s.12, Protection of Women from Domestic Violence Act, 2005. Headnotes† Criminal Procedure Code, 1973 – s.482 – Bharatiya Nagarik Suraksha Sanhita, 2023 – s.528 – Protection of Women from Domestic Violence Act, 2005 (DV Act) – s.12 – Exercise of power of High Court u/s.482, CrPC (s.528, BNSS) to quash proceedings u/s.12, DV Act – Permissibility: Held: High Courts can exercise power u/s.482,
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