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Criminal · Reportable judgment

Raghunath Sharma & Ors. vs State of Haryana & Anr.

Court
Supreme Court of India
Date
16 May 2025
Case No.
Criminal Appeal No(s). 2656-2657 of 2025
Result
Allowed
Bench
Pankaj Mithal, Sanjay Karol
Citation
[2025] 5 S.C.R. 2128 : 2025 INSC 723
Acts & Sections
CrPC
Supreme Court Reports [2025] 5 S.C.R. 2128 : 2025 INSC 723
Issue for consideration
Correctness and legality of the impugned judgment whereby the High Court restored FIR previously quashed, recalling the order of quashment.
Headnote

Code of Criminal Procedure, 1973 – ss.362, 482 – Power under – Scope – Criminal cases were quashed u/s.482 on the ground of compromise entered into between the parties – However, the complainant, filed an application for revival of the FIRs – High Court ordered revival of the FIRs – Impermissibility:

Held: 1.1 s.362 provides that a Court shall not, once it has signed the judgment or final order disposing of a case, alter or review the same, except to correct an error clerical or arithmetic – Bar u/s.362 is almost absolute – The only exceptions to the bar, which would then permit the invocation of inherent powers, would be if it is necessary to meet the ends of justice; or to remedy the abuse of the process of law – In such extraordinary circumstances, the Court should record reasons for exercising such power, justifying the invocation thereof. [Paras 8, 14]

1.2 Once a judgment has been passed, the powers u/s.482 do not permit its alteration or review – Such power is meant solely to secure the ends of justice and it cannot be taken to mean doing something that is expressly prohibited by statute – The role of the Court, after a judgment has been delivered, is circumscribed by the law itself – In the present facts, the only provision of law, that permits an alteration in the judgment, in its own terms, was not resorted to – What was done was a review of the judgment quashing the proceedings which was not permissible. [Paras 10, 11]

1.3 Impugned judgment was passed by the High Court without any authority or basis – Once the criminal cases had been quashed, u/s.482 on the ground of compromise entered into between the parties, one of the parties violating terms thereof is a ground entirely foreign to law, to once again invoke such powers and recall the order of quashing – Impugned judgment and the consequences flowing from such revival, set aside and quashed. [Paras 12, 13] Words and Phrases – Code of Criminal Procedure, 1973 – ss.362, 482 – “Save as otherwise provided by this Code” in s.362, if permits alterations u/s.482. [Paras 9.3, 9.3.4]

Keywords: Section 362, Code of Criminal Procedure, 1973 · Section 482, Code of Criminal Procedure, 1973 · Order of quashing recalled · Revival of FIRs ordered · Quashed FIR restored · Order of quashment recalled · Review of judgment quashing the proceedings · Criminal cases quashed · Compromise · Alteration or review of judgment · Judgment · Violations of term of compromise

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Sanjay Karol, J. Criminal Appeals @ SLP(Crl.)Nos.8101-8102/2019 : Leave Granted. 2. These appeals by special leave, call into question the correctness and legality of the judgment and orders dated 8th October 2018 passed by the High Court of Punjab and Haryana at Chandigarh in CRM No.11903 of 2018 in CRM No.M-23727 of 2015 and dated 29th April 2019 in CRM No.13134 of 2019 in CRM No.M-23727 of 2015, whereby FIR No.432 of 2014 dated 15th July 2014 which had earlier been quashed and set aside vide order 21st March 2016, was restored to file and concerned authorities were directed to r
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