Delay in Filing Domestic Violence Complaint Alone Is No Ground to Quash: Kerala High Court

Kerala High Court declines to quash domestic violence case solely on delay ground

The Kerala High Court held that delay in approaching the Magistrate under Section 12 of the Protection of Women from Domestic Violence Act, 2005 cannot by itself justify quashing of proceedings, especially where the complaint includes allegations of later or continuing acts of domestic violence.

The petitioners, who were the husband and mother-in-law, argued that there was an unexplained delay of around six years and that the complaint lacked specific material. The Court was dealing with a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of proceedings pending before the Judicial First Class Magistrate Court-III, Thrissur.

Final outcome: The Court held that delay alone was insufficient to terminate the proceedings at the threshold.

Citation: 2026 LiveLaw (Ker) 512

Judge: Justice Jobin Sebastian

Source: LiveLaw