SHAURABH KUMAR TRIPATHI versus VIDHI RAWAL

Citation: [2025] 6 S.C.R. 545 · Decided: 18-05-2025 · Supreme Court of India · Bench: ABHAY S. OKA · Disposal: Appeal(s) allowed

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Judgment (excerpt)

[2025] 6 S.C.R. 545 : 2025 INSC 734
Shaurabh Kumar Tripathi 
v. 
Vidhi Rawal
(Criminal Appeal No. 2688 of 2025)
19 May 2025
[Abhay S. Oka* and Ujjal Bhuyan, JJ.]
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, CrPC (s.528, 
BNSS) for quashing the proceedings initiated u/s.12(1) of the DV 
Act, 2005, pending before the Court of the Magistrate – However, 
considering the object of the DV Act, 2005, the High Courts 
should exercise caution and circumspection when dealing with an 
application u/s.12(1) – Normally, interference u/s.482 is warranted 
only in the case of gross illegality or injustice – View taken in the 
impugned order of the High Court that a petition u/s.482, CrPC 
for challenging the proceedings emanating from s.12(1), DV Act, 
2005 is not maintainable, is not the correct view – Order passed 
by High Court quashed – Petitions filed by the appellants u/s.482, 
CrPC to quash the application u/s.12, DV Act restored to the file 
of the High Court. [Para 39]
Protection of Women from Domestic Violence Act, 2005 (DV 
Act) – ss.12, 28 – Criminal Procedure Code, 1973 – s.200 – 
Bharatiya Nagarik Suraksha Sanhita, 2023 – s.223 – Scheme 
of s.12 vis-a-vis s.200, CrPC or s.223, BNSS. [Paras 18, 21]
* Author
546
[2025] 6 S.C.R.
Supreme Court Reports
Protection of Women from Domestic Violence Act, 2005 (DV 
Act) – s.12 – Criminal Procedure Code, 1973 – s.482 – Bharatiya 
Nagarik Suraksha Sanhita, 2023 – s.528 – Nature of proceedings 
u/s.12 – Quashing of proceedings u/s.12:
Held: Notwithstanding the penal provisions in the form of ss.31 
and 33 of Chapter V, the proceedings before the Magistrate under 
the DV Act are predominantly of a civil nature – Decisions of the 
High Courts taking a view that the jurisdiction u/s.482, CrPC is 
not available to quash proceedings of an application u/s.12(1), DV 
Ac are primarily based on the premise that proceedings u/s.12(1) 
are predominantly of a civil nature – Said view is not correct. 
[Paras 28.1, 37]
Criminal Procedure Code, 1973 – s.482 – Protection of Women 
from Domestic Violence Act, 2005 (DV Act) – s.12 – Two parts 
of s.482 – Which part is applicable to proceedings u/s.12, DV 
Act – Discussed. [Paras 31, 32]
Protection of Women from Domestic Violence Act, 2005 (DV 
Act) – Object of – Discussed. [Para 12]
Case Law Cited
Kunapareddy alias Nookala Shanka Balaji v. Kunapareddy Swarna 
Kumari and Another [2016] 2 SCR 608 : (2016) 11 SCC 774; 
Prabha Tyagi v. Kamlesh Devi [2022] 5 SCR 970 : (2022) 8 
SCC 90 – referred to.
Devendra Agarwal and 3 Others v. State of Uttar Pradesh and 
Another; Nandkishor Pralhad Vyawahare v. Mangala, Application 
u/s 482 NO.-18994 OF 2024; Ram Lotan Vishwakarma and Ors. v. 
State of U.P and Anr. 2025 AHC-LKO 7572 – referred to.
List of Acts
Criminal Procedure Code, 1973; Bharatiya Nagarik Suraksha Sanhita, 
2023; Protection of Women from Domestic Violence Act, 2005.
List of Keywords
Inherent jurisdiction of High Court under Section 482, Criminal 
Procedure Code, 1973 or Section 528, Bharatiya Nagarik Suraksha 
Sanhita, 2023; Quashing of proceedings initiated under Section 
12, Protection of Women from Domestic Violence Act, 2005 (DV 
Act, 2005); Object of the DV Act, 2005.
[2025] 6 S.C.R. 
547
Shaurabh Kumar Tripathi v. Vidhi Rawal
Case Arising From
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 
2688 of 2025
From the Judgment and Order dated 09.05.2024 of the High Court 
of Madhya Pradesh at Indore in MCRC No. 52308 of 2022
With
Criminal Appeal No. 2689 of 2025
Appearances for Parties
Advs. for the Appellant:
Vinay Navare, Sr. Adv., Kuldeep Rai, Sandeep Chawla, Ranjan 
Nikhil Dharnidhar, Karan Kapoor, Manik Kapoor, Ms. Srishti Singla, 
Shrey Kapoor.
Advs. for the Respondent:
Anurag Tandon, Pankaj Thakkar, Manan Shah, Ms. Baani Khanna, 
Robin Singh, Kapil Balwani, Ms. Tejal Nagauri, Ranjeet Singh 
Chauhan, Yogesh Yadav, Ritesh Patil, Surya Pratap Deva.
Judgment / Order of the Supreme Co

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