Overview

• The Supreme Court ruled that High Courts can use Section 482 of the CrPC to quash proceedings under Section 12(1) of the Domestic Violence Act, 2005, but only in cases of gross illegality or injustice.
• This decision arose from an appeal challenging a 2022 domestic violence case in Dewas, Madhya Pradesh, which the Madhya Pradesh High Court had refused to quash in 2024.
• The Court highlighted that the Domestic Violence Act is a welfare law aimed at protecting women and cautioned against misuse of quashing powers to avoid undermining its purpose.
• Justice Abhay S Oka acknowledged a 2016 error he made as a Bombay High Court judge, where he incorrectly ruled against using Section 482 CrPC in such cases, underscoring the judiciary’s commitment to self-correction.
• The Supreme Court directed the Madhya Pradesh High Court to reconsider the Dewas case, ensuring adherence to the clarified legal principles.