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]
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.
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