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2025 DIGILAW 1864 (SC)

V. Krishnamma v. Garima Bais

2025-10-28

MANMOHAN, RAJESH BINDAL

body2025
ORDER : 1. Leave granted. 2. The appellants are before this Court challenging the order dated December 10, 2024 passed by the High Court of Madhya Pradesh at Indore, whereby a petition filed by them under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (Section 482 Cr.P.C.) seeking quashing of proceedings initiated by the respondent under the Protection of Women from Domestic Violence Act, 2005 (for short ‘the D.V. Act’) has been dismissed, as not maintainable. 3. 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, 2025 INSC 734 , 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. 4. 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. 5. The impugned order passed by the High Court is set aside and the matter is remitted back for fresh consideration on merits. 6. The parties are directed to appear before the High Court on 11.11.2025. 7. The present appeal stands disposed of accordingly. 8. All pending applications also stand disposed of.