Protection of Women from Domestic Violence Act, 2005–Sec. 12(1)–Bharatiya Nagarik Suraksha Sanhita, 2023–Sec. 528 [Corresponding Sec. 482 of Cr.P.C., 1973]–Whether the inherent jurisdiction of the High Court can be exercised to quash the proceedings arising out of an application u/s. 12(1), filed before the learned Magistrate in accordance with Sec. 27 of the Act ?–Held, yes–High Courts can exercise the powers u/s. 482 Cr.P.C. (Sec. 528 of BNSS) for quashing the proceedings emanating from the application u/s. 12(1) of the DV Act pending before the Court of the learned Magistrate–However, considering the object of the DV Act, 2005, the High Courts should exercise caution and circumspection while dealing with an application u/s. 12(1)–Normally, interference u/s. 482 is warranted only in the cases of gross illegality or injustice.
