16 May 2025 Criminal Appeals & Suspension of Sentence >> Criminal Law   |   FIR >> Criminal Law  

The Supreme Court of India, in a recent judgment of Raghunath Sharma & Others v/s State of Haryana & Another, has overturned decisions by the High Court of Punjab and Haryana that recalled an earlier order quashing a First Information Report (FIR) in a criminal case. The case stemmed from disputes over various agreements between parties, which were eventually superseded by a fresh agreement and a compromise deed, leading to the quashing of FIR No. 432 of 2014.

Despite the compromise, the complainant later sought to revive the FIR, which the High Court allowed, and subsequently dismissed a review petition against this recall. The appellants challenged these orders before the Supreme Court.

The core of the appeals revolved around the scope and limitations of the High Court's inherent powers under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), particularly concerning its ability to alter or review its own judgments.

The Supreme Court, referencing several precedents, reiterated that Section 362 of the Cr.P.C. imposes an almost absolute bar on courts from altering or reviewing their judgments once signed, except for correcting clerical or arithmetical errors. The Court clarified that the inherent powers under Section 482 Cr.P.C. cannot be invoked to do something that is expressly prohibited by statute.

Key takeaways from the Supreme Court's decision:

• The High Court's inherent powers under Section 482 Cr.P.C. are to be exercised sparingly and cautiously.
• These powers can be invoked only in extraordinary circumstances, such as to give effect to an order under the Code, to prevent abuse of the process of court, or to otherwise secure the ends of justice.
• An exception to the bar on review arises if a judgment was pronounced without jurisdiction, in violation of natural justice principles, or was obtained by abuse of the court process, rendering it a nullity.
• However, a violation of a compromise term is not a valid ground to recall an order quashing criminal proceedings under Section 482 Cr.P.C. Such violations have separate legal avenues for enforcement.

The Supreme Court expressed surprise at the High Court's decision, given the well-established legal position, and emphasized that the High Court's judgment to restore the quashed FIR was passed without authority. Consequently, the Supreme Court allowed the appeals, setting aside the impugned orders of the High Court and the consequences flowing from the revival of the FIR.

The Court also directed its Registry to circulate the judgment to all High Courts to ensure clarity and prevent similar unjustified uses of power in the future.

Section 362., Code of Criminal Procedure - 1973  

Section 482., Code of Criminal Procedure - 1973  

Code of Criminal Procedure, 1973