The Supreme Court of India has ruled that petitions filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita (BNSS) to quash Domestic Violence Act proceedings are legally maintainable, reaffirming the inherent powers of High Courts under the new law.
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NEW DELHI: In a ruling clarifying the maintainability of quashing petitions under the new criminal code, the Supreme Court of India has held that a petition filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), which corresponds to Section 482 of the Code of Criminal Procedure (CrPC), is legally maintainable for seeking the quashing of proceedings under the Protection of Women from Domestic Violence Act, 2005 (D.V. Act).
The verdict, delivered on October 28, 2025, sets aside a contrary decision by the High Court of Madhya Pradesh at Indore, which had previously dismissed such a petition as “not maintainable.”
Background of the Case
The appellants had filed a petition before the Madhya Pradesh High Court under Section 528 BNSS, 2023, seeking to quash proceedings initiated against them under the D.V. Act.
On December 10, 2024, the High Court dismissed the petition, ruling that it was not maintainable under the law.
Aggrieved by this, the appellants approached the Supreme Court through a Special Leave Petition (SLP Crl. No. 9534 of 2025), challenging the High Court’s order.
Supreme Court’s Observations
The Supreme Court granted leave to appeal and examined the issue of maintainability in light of previous judicial precedents. The bench observed that there was no dispute between the parties regarding the settled legal position on this issue.
The Court stated:
“Learned counsel for the parties do not dispute that the law on the issue is well settled by a judgment of this Court in Shaurabh Kumar Tripathi vs. Vidhi Rawal, wherein it was opined that a petition under Section 482 Cr.P.C. challenging proceedings emanating from Section 12(1) of the D.V. Act is maintainable.”
Thus, the Supreme Court reaffirmed that High Courts retain inherent powers under Section 528 BNSS (or Section 482 Cr.P.C.) to quash proceedings under the D.V. Act when warranted.
Based on the above precedent, the Court found that the Madhya Pradesh High Court’s decision could not stand. The bench declared:
“In view of the aforesaid judgment of this Court, the view expressed by the High Court holding the quashing to be not maintainable cannot be legally sustained.”
Accordingly, the Supreme Court allowed the appeal, set aside the impugned order, and remitted the matter back to the High Court for fresh consideration on the merits.
The parties have been directed to appear before the High Court on November 11, 2025.
All pending applications were disposed of accordingly.
Case Title:
V. KRISHNAMMA & ORS. VERSUS GARIMA BAIS
SLP(Crl.) No.9534 OF 2025
READ ORDER
