Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Sukhjeet Sandhu – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. factual background of the case and initial dispute. (Para 1 , 12) |
| 2. arguments concerning the violation of settlement terms. (Para 2 , 3 , 4 , 6 , 7 , 15) |
| 3. court's observations on the power to recall orders. (Para 5 , 8 , 9 , 10 , 13 , 14) |
| 4. ratio decidendi regarding the functus officio principle. (Para 11) |
| 5. final conclusion on dismissal of application. (Para 16) |
JUDGMENT :
Ajay Mohan Goel, J.
1. By way of this application, filed under Section 482 of the Code of Criminal Procedure, the applicant has prayed for recalling of order dated 03.04.2019, passed by this Court in Cr.MMO No.135 of 2019, in terms whereof, this court had allowed the petition filed for quashing of FIR 118 of 2018, dated 15.12.2018, registered at Police Station Dalhousie, District Chamba, H.P., under Section 498-A and 506 read with Section 34 of the INDIAN PENAL CODE , against the non- applicants on the ground that the dispute which lead to the registration of the FIR stands amicably resolved between the accused and the complainant. The applicant submits that the conditions of the Settlement Deed dated 12.01.2019, in lieu whereof, she had agreed for the quashing of the FIR, stand violated by the
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.
A court cannot review its own judgment once signed, except to correct clerical errors, and inherent powers to recall judgments are limited to jurisdictional errors or violations of natural 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 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....
Inherent powers under Section 482 Cr.P.C. cannot be used to set aside ex-parte orders without following proper procedure in the original case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
