Legal Learning with Shri Ganpati Jurists
Topic: Scope of High Court’s Power to Quash DV Act Complaints under Section 482 CrPC / Section 528 BNSS
Key Takeaways:
1. Quashing under Section 482 CrPC (Now Section 528 BNSS) is Permissible:
The Supreme Court has clarified that High Courts can quash complaints filed under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005 using their inherent powers. The contrary view, that such proceedings are purely civil and thus not quashable, is incorrect.
2. Object of DV Act Requires Caution:
Although quashing is legally permissible, the Court emphasized that the DV Act is a welfare legislation aimed at protecting women. Hence, High Courts must adopt a "hands-off approach" and exercise extreme caution while entertaining quashing petitions.
3. Interference Only in Cases of Gross Injustice:
Only gross abuse of process or illegality justifies High Court intervention. Ordinary or routine disputes should not be quashed, else the protective intent of the DV Act will be undermined.
4. Orders under Sections 18 to 23 Also Quashable:
Not just the complaint under Section 12(1), but even orders passed by Magistrates under Sections 18 to 23 of the DV Act can be quashed if circumstances warrant.
5. Judicial Humility and Correction:
The judgment appreciates the need for courts to correct their past interpretations when they are found incorrect—even quoting that the learning process continues even for judges.
Legal Insight:
This ruling balances two important legal principles—preventing misuse of judicial process and upholding the protective intent of welfare laws. It affirms that procedural safeguards apply, but they must not be misused to dilute the intent of gender justice.
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