VidhiSangh

Supreme Court of India · 16/05/2025

RAGHUNATH SHARMA & ORS. versus STATE OF HARYANA & ANR.

[2025] 5 S.C.R. 2128 · 2025 INSC 723

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Summary

The High Court, having quashed an FIR under Sections 406 and 420 IPC on the basis of a compromise, later recalled that order under Section 482 CrPC because one party allegedly breached the compromise, and dismissed a review against the recall. The Supreme Court set aside the recall: Section 362 CrPC bars a criminal court from altering or reviewing its signed judgment or final order, inherent powers under Section 482 cannot be used to do what the Code prohibits, and breach of a compromise is a ground foreign to law for reviving a quashed FIR.

Issues

  1. Whether the High Court could invoke Section 482 CrPC to recall its earlier order quashing an FIR on the basis of a compromise, and restore the FIR for investigation, on the ground that a party had violated the terms of the compromise.
  2. What is the scope of the bar in Section 362 CrPC on altering or reviewing a judgment or final order, and what exceptions permit recall through inherent powers.

Provisions considered

Held

Result

Appeals allowed; the High Court's orders dated 08.10.2018 (restoring the quashed FIR and directing fresh investigation) and 29.04.2019 (dismissing review) and all consequences of the revival set aside and quashed; connected appeals disposed of in the same terms; Registry to circulate the judgment to all High Courts; pending applications closed.

Judgment PDF: Supreme Court of India, [2025] 5 S.C.R. 2128.