SHAURABH KUMAR TRIPATHI versus VIDHI RAWAL

SHAURABH KUMAR TRIPATHI versus VIDHI RAWAL

The High Court may exercise its inherent jurisdiction under Section 482 CrPC (Section 528 BNSS) to quash proceedings initiated under Section 12(1) of the DV Act, 2005, but must do so sparingly and with circumspection, ordinarily only where there is gross illegality or abuse of process; the first part of Section 482 is inapplicable to DV Act orders, while the second part (preventing abuse/ securing ends of justice) is applicable.

Parties
Appellant: Shaurabh Kumar Tripathi; Appellant: Prateek Tripathi; Appellant: Vivekanand Tiwari; Appellant: Mira Tiwari; Respondent: Vidhi Rawal
Jurisdiction
India
Judgment Date
18 May 2025
Procedural Posture
Criminal Appeal / Judgment
Outcome
Appeals allowed
Legal Topics
Inherent Jurisdiction of High Court, Quashing of Proceedings, Section 482 Cr PC / Section 528 BNSS, Section 12 DV Act Proceedings
Criminal Procedure Code, 1973 Protection of Women From Domestic Violence Act, 2005 Bharatiya Nagarik Suraksha Sanhita, 2023 Inherent Jurisdiction of High Court Quashing of Proceedings Section 482 Cr PC / Section 528 BNSS Section 12 DV Act Proceedings

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Parties

Shaurabh Kumar Tripathi

Appellant

Prateek Tripathi

Appellant

Vivekanand Tiwari

Appellant

Mira Tiwari

Appellant

Vidhi Rawal

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether High Court can invoke inherent jurisdiction under Section 482 CrPC or Section 528 BNSS to quash proceedings initiated under Section 12 of the DV Act, 2005
  2. 2 Nature of proceedings under Section 12 of the DV Act (civil or criminal) and applicability of Section 482
  3. 3 Which part of Section 482 is applicable to Section 12 proceedings

Ratio Decidendi

The High Court may exercise its inherent jurisdiction under Section 482 CrPC (Section 528 BNSS) to quash proceedings initiated under Section 12(1) of the DV Act, 2005, but must do so sparingly and with circumspection, ordinarily only where there is gross illegality or abuse of process; the first part of Section 482 is inapplicable to DV Act orders, while the second part (preventing abuse/ securing ends of justice) is applicable.

Court Disposition

Appeals allowed

Orders

  • Order dated 09.05.2024 of the High Court of Madhya Pradesh at Indore in MCRC Nos. 52308 of 2022 and 3363 of 2023 quashed
  • Petitions filed by the appellants under Section 482 CrPC restored to the file of the High Court to be heard afresh and disposed of in light of this judgment