Raghunath Sharma vs State Of Haryana 2025 INSC 723 - Ss.362,482 CrPC - Recall Of Order Quashing


Code of Criminal Procedure 1973 - Section 362, 482 - [Sections 403,528 BNSS]-Once the criminal cases had been quashed, under Section 482 Cr.P.C. 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. Violations of a term of a compromise have their own avenues of law from which they can be enforced. (Para 12)

Code of Criminal Procedure 1973 - Section 362 [Section 403 BNSS]-The bar under Section 362 Cr.P.C. 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. Other than the above two circumstances, such inherent powers do not permit the doing of what stands prohibited by the text of the statute - When a Court finds itself in such extraordinary circumstances, the reasons for exercising such power should be recorded, justifying the invocation thereof. (Para 14)

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