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Supreme Court of India 2025-05-19 allowed

Shaurabh Kumar Tripathi vs Vidhi Rawal

Bench: 2 — Abhay S. Oka, Ujjal Bhuyan

In Brief

A woman petitioned a Magistrate under the Protection of Women from Domestic Violence Act for protective and maintenance orders against her husband and in-laws, alleging abuse and dowry-related harassment. The husband and other respondents sought to quash these proceedings in the High Court, arguing that since DV Act applications are civil in nature, the High Court cannot exercise criminal jurisdiction under Section 482 of the CrPC to quash them. The Supreme Court held that although DV proceedings are predominantly civil, the Magistrates entertaining them are criminal courts, so the High Court retains inherent power to intervene. However, this power must be exercised rarely and only in cases of gross illegality, respecting the DV Act's welfare purpose.

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Domestic Violence Procedural Law High Court Jurisdiction Inherent Powers Criminal Courts Magistrate Courts Women's Rights Protection Orders Welfare Legislation

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