Supreme Court: High Courts can quash domestic violence cases under CrPC

Hyderabad: The Supreme Court has ruled that High Courts hold the authority to quash cases filed under the Protection of Women from Domestic Violence Act, 2005, by invoking Section 482 of the Code of Criminal Procedure (CrPC) or Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

It clarified that while the 2005 Act is a special law framed to shield women from cruelty and violence, it does not override the inherent powers of the High Courts. Courts are free to exercise these powers to achieve justice, the bench noted.

The ruling emphasised that frivolous or malicious complaints especially those lacking substance or filed with apparent misuse of the law can be struck down. The judgment made it clear: when parties have arrived at a mutual settlement and further trial serves no purpose, courts may intervene and quash proceedings.

The matter arose from a petition filed by a husband seeking to cancel trial proceedings under the Domestic Violence Act after he and the complainant reached a compromise. The High Court had rejected his plea. But the Supreme Court stated that in such circumstances, the High Courts do have the discretion to cancel proceedings if continuing them would serve no judicial utility.