Yes, the High Court can quash an FIR in a domestic violence case under Section 482 CrPC / Section 528 BNSS, exercising the same inherent jurisdiction it applies to matrimonial cruelty matters generally, since domestic violence FIRs typically arise either under Section 85 of the Bharatiya Nyaya Sanhita, 2023, read with Section 86 BNS defining "cruelty," or under Section 31 of the Protection of Women from Domestic Violence Act, 2005 for breach of a protection order. Section 482 of the Code of Criminal Procedure, 1973 preserved this inherent power, and since 1 July 2024, it flows from Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the direct successor provision, remaining fully available for quashing such FIRs today.

It bears clarifying at the outset that the civil remedies under the DV Act — protection orders, residence orders, monetary relief — are not themselves quashed under Section 528 BNSS, since that power addresses criminal proceedings specifically. What the High Court quashes is the connected criminal FIR, whether under Section 85/86 BNS or Section 31 of the DV Act, applying the same principles established in State of Haryana v. Bhajan Lal that govern matrimonial cruelty quashing generally.

The High Court examines whether the allegations, even accepted in full, fail to disclose an actual offence; whether they are inherently improbable given contradicting documentary evidence; whether the complaint is manifestly malafide, filed as a counter-blast to other matrimonial litigation; and whether the FIR reflects the pattern of implicating an entire family with vague allegations that the Supreme Court flagged in Preeti Gupta v. State of Jharkhand. A ground specific to domestic violence matters involves examining whether the alleged conduct actually meets the statutory threshold of "domestic violence" under Section 3 of the DV Act or "cruelty" under Section 86 BNS, rather than describing ordinary marital disagreement falling short of these legal definitions.

Where the FIR specifically alleges breach of a protection order under Section 31 of the DV Act, the High Court examines whether a valid order genuinely existed, whether its terms were clearly communicated, and whether the alleged breach is properly established, and quashing is available where these foundational elements are missing or disputed on the record.

Settlement-based quashing under B.S. Joshi v. State of Haryana and Gian Singh v. State of Punjab applies with full effectiveness here, since domestic violence between spouses remains a predominantly private matrimonial dispute. Where the parties reach a genuine, comprehensive settlement addressing residence, custody, and financial matters, the High Court can quash the connected criminal FIR, often alongside disposal of any pending civil DV Act proceedings by consent. If you are weighing merits-based versus settlement-based strategy, reach out via Aapka Legal Advice for an assessment tailored to your specific facts.

Protective steps remain relevant where Section 85 BNS is involved, given its cognizable, non-bailable character, and the Arnesh Kumar v. State of Bihar safeguards against mechanical arrest apply fully. Timing considerations mirror general cruelty matters — early filing strengthens merits-based arguments, while settlement remains available at any stage.

Once quashed, further recourse for malicious prosecution and defamation remains available where the complaint was knowingly false. Given the layered civil-criminal nature of domestic violence matters, a panel of retired High Court judges alongside senior criminal lawyers experienced in both DV Act and Section 85/86 BNS work is available for consultation, and you can review Top Criminal Lawyers in India | Aapka Legal Advice for counsel with this combined expertise.

In summary, the High Court can quash an FIR in a domestic violence case under Section 482 CrPC / Section 528 BNSS on the same Bhajan Lal grounds applicable generally, on grounds specific to the DV Act's statutory definitions, or on genuine settlement under B.S. Joshi and Gian Singh. If you are facing such an FIR, the team at Aapka Legal Advice can help you build a strong Section 528 BNSS petition addressing your complete legal situation.