The Supreme Court of India, in a significant ruling (Shaurabh Kumar Tripathi v. Vidhi Rawal, 2025 INSC 734), addressed the interplay between the Protection of Women from Domestic Violence Act, 2005 (DV Act) and the inherent powers of High Courts under Section 482 of the Code of Criminal Procedure (CrPC). The apex court clarified whether proceedings under the DV Act, often considered civil in nature but adjudicated by criminal courts (Magistrates), can be quashed by High Courts invoking Section 482 CrPC, shedding light on judicial powers and domestic violence case handling in India.
Supreme Court’s Stance (May 2025)
-The Supreme Court in Shaurabh Kumar Tripathi v. Vidhi Rawal (2025 INSC 734) held that High Courts can exercise inherent jurisdiction under Section 482 CrPC (or Section 528 BNSS) to quash proceedings under Section 12 of the DV Act, 2005.
-Although DV Act proceedings are predominantly civil in nature, they are adjudicated by Criminal Courts (Magistrates), making them amenable to Section 482 CrPC jurisdiction.
-The Supreme Court emphasized this power should be exercised sparingly and cautiously, only in cases of gross illegality, abuse of process, or to secure justice.
Key Considerations
Civil Nature with Criminal Court Jurisdiction: Proceedings under DV Act are civil but heard by Magistrates (Criminal Courts).
Caution Advised: High Courts must show restraint to avoid undermining the DV Act’s welfare objectives.
Appeal Mechanism: Statutory appeals under Section 29 DV Act provide additional recourse.
The Supreme Court’s ruling in Shaurabh Kumar Tripathi v. Vidhi Rawal (2025 INSC 734) establishes that High Courts possess inherent jurisdiction under Section 482 CrPC (or Section 528 BNSS) to quash proceedings under the DV Act, 2005, despite their predominantly civil nature, as they are adjudicated by Criminal Courts (Magistrates). This power is to be exercised sparingly and cautiously, only in cases of gross illegality, abuse of process, or to secure justice, balancing the Act’s welfare objectives with judicial oversight.
