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05-Feb-2026 (In Criminal Law)
Can domestic violence sec 12 be quashed in Bombay high court on grounds of baseless allegations & prima facie no case made out.
A Domestic Violence application under Section 12 can be quashed by the Bombay High Court under Section 482 CrPC or Article 226, but only in rare and exceptional cases. Mere allegations being false is not sufficient; the court examines whether the complaint discloses any prima facie case of domestic violence. Quashing is generally considered only where no domestic relationship or shared household exists, the allegations are vague and omnibus, or the proceedings are clearly an abuse of process.
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Adv. Moksh Jain
Mumbai | 100+ Answers
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Yes, proceedings under Section 12 of the Protection of Women from Domestic Violence Act can be quashed by the Bombay High Court in exercise of its inherent powers under Article 226 of the Constitution or Section 482 CrPC, but only in limited circumstances. If the complaint is manifestly mala fide, based on vague or omnibus allegations, does not disclose any specific acts constituting “domestic violence” as defined under Section 3 of the Act, or lacks territorial or domestic relationship jurisdiction, the High Court may interfere. However, at the threshold stage, courts are generally slow to quash DV proceedings where disputed questions of fact are involved and ordinarily relegate parties to trial. Strong documentary material showing abuse of process or absence of prima facie case is essential for quashing.
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Adv. Bhumika Vijay Bajaj
Navi Mumbai | 5+ Answers
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Quashing is possible if the court is convinced that continuing the case would be an abuse of process of law and Allegations are vague, exaggerated, or purely general
No specific acts of domestic violence are described
Respondents are dragged in mechanically (e.g., distant relatives with no role)
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Adv. Rinki Agarwal
Mumbai | 25+ Answers
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Yes. The Bombay High Court can quash a Sec. 12 DV Act proceeding under Art. 226/Section 482 CrPC if allegations are vague, malicious, or even if taken at face value disclose no prima facie case or abuse of process.
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Adv. Pankaj Bajaj
Pune | 700+ Answers
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Yes, a Sec 12 DV Act complaint can be quashed by Bombay HC under Art 226 or Sec 582 BNS if allegations are vague, mala fide, or disclose no prima facie domestic violence. Power is exercised sparingly on facts. I hope you got the due clarity.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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