Kochi: Mere delay in approaching a Magistrate under Section 12 of the Protection of Women from Domestic Violence Act, 2005, cannot by itself be a ground to quash proceedings, particularly when the allegations include acts of domestic violence at a later point, the Kerala High Court has held.

Justice Jobin Sebastian made the observation while dismissing a petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), seeking to quash proceedings pending before the Judicial First Class Magistrate Court-III, Thrissur. The petition was filed by the husband and mother-in-law of the woman who initiated the proceedings.

The petitioners argued that the woman had waited nearly six years to approach the Magistrate despite having complained to various authorities earlier. They also contended that the allegations lacked specific instances of domestic violence and that the proceedings were retaliatory, given their timing after litigation before the Family Court and proceedings related to a POCSO case.

The woman argued that the PWDV Act does not prescribe a limitation period for applications under Section 12. She also cited an alleged incident of domestic violence in May 2025, contending that the delay could not, by itself, establish that her allegations were false.

The High Court noted that the PWDV Act does not prescribe a specific time limit for approaching a Magistrate under Section 12. It held that the impact of the delay, the reasons for it and the circumstances in which the woman remained silent or approached other authorities could be considered by the Magistrate while assessing the evidence.

The court also relied on the Supreme Court's decision in Shaurabh Kumar Tripathi v. Vidhi Rawal (2025), which held that the High Court can exercise its inherent jurisdiction to quash proceedings under Section 12(1) of the PWDV Act.

The High Court said disputed questions of fact and claims that the allegations are false would not ordinarily justify interference under Section 528 of the BNSS. It added that the High Court should not conduct a "mini-trial" or undertake a detailed assessment of the allegations to determine their truth.

As specific allegations of domestic violence had been made against the petitioners, the court held that their veracity must be examined by the jurisdictional Magistrate based on evidence. It found no sufficient ground to exercise its inherent jurisdiction and dismissed the petition.
(With LiveLaw inputs)