Kiran Raj

The Supreme Court Division Bench of Justice Rajesh Bindal and Justice Manmohan, on October 28, 2025, held that a petition filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) — corresponding to Section 482 of the Code of Criminal Procedure — seeking to quash proceedings under the Protection of Women from Domestic Violence Act, 2005, is legally maintainable. The Court set aside the Madhya Pradesh High Court’s order and remitted the case for fresh consideration on merits.

The appellants challenged the order of the High Court of Madhya Pradesh at Indore, which had dismissed their petition filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023, equivalent to Section 482 of the Code of Criminal Procedure. The petition sought quashing of proceedings initiated by the respondent under the Protection of Women from Domestic Violence Act, 2005. The High Court had ruled that such a petition was not maintainable.

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The Court observed: “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 the petition under Section 482 of the Cr.P.C. challenging proceedings emanating from Section 12(1) of the D.V. Act is maintainable.”

The Bench further observed that “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.” The Court recorded that both sides agreed on the settled legal position, limiting its consideration to the correctness of the High Court’s interpretation and ensuring conformity with the precedent governing maintainability.

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The Court ordered: “The impugned order passed by the High Court is set aside and the matter is remitted back for fresh consideration on merits. The parties are directed to appear before the High Court on 11.11.2025. The present appeal stands disposed of accordingly.” All pending applications also stand disposed of.”

Advocates Representing the Parties:
For the Petitioners: Mr. A. Velan, AOR; Ms. Navpreet Kaur, Adv.; Mr. Prince Singh, Adv.; Ms. Kanika Sharma, Adv.
For the Respondents: Ms. Amiy Shukla, AOR; Mr. Shakti Vardhan, Adv.

Case Title: V. Krishnamma & Ors. v. Garima Bais
Case Number: Criminal Appeal @ SLP(Crl.) No.9534/2025
Bench: Justice Rajesh Bindal, Justice Manmohan