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PANKAJ MITHAL, SANJAY KAROL
Raghunath Sharma – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. background of the dispute and proceedings (Para 2 , 4 , 5) |
| 2. question of legality of high court's order (Para 3 , 6) |
| 3. analysis of section 482 cr.p.c. (Para 7 , 9 , 10) |
| 4. hearing on inherent jurisdiction has limitations. (Para 8) |
| 5. limits of inherent powers and exceptions (Para 11 , 12 , 14) |
| 6. final judgment and direction for high courts (Para 13 , 15 , 16) |
JUDGMENT :
Criminal Appeals @ SLP(Crl.)Nos.8101-8102/2019
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 restart the investigation. In other words, the order of quashment was recalled. Further, a review against this order of recall was also dismissed vide order dated 29th April 2019.
4. The genesis of the dispute is an agreement to sell entered into between the p
The inherent powers under Section 482 Cr.P.C. cannot be used to revive quashed FIRs, as the judiciary becomes functus officio post-judgment, with an absolute bar to altering such judgments except for....
The High Court lacks the power to review or recall its orders after they have been signed, as it becomes functus officio and such actions are barred under Section 362 of the Criminal Procedure Code.
The court clarified that a dismissal for default does not amount to a final order, allowing recall and reinstatement for hearings on merits under inherent powers of the High Court.
Petitions dismissed for want of prosecution can be restored under Section 482 Cr.P.C. when there is a bona fide reason for absence, circumventing the prohibition of Section 362 Cr.P.C.
The court established that inherent powers under Section 482 CrPC can be exercised to quash criminal proceedings in cases of private disputes that have been amicably settled.
The court established that compromises in cases of a personal nature can lead to quashing of convictions under IPC 498(A) if it serves the ends of justice.
An application for recall of judgment is maintainable as a procedural review, but the specific bar under Section 362 Cr.P.C. prevents the court from reviewing a judgment passed on merit after hearing....
The court established that compromises in non-heinous offenses can lead to quashing of convictions under inherent powers, emphasizing justice and the nature of the offense.
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