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Supreme Court of India

RAGHUNATH SHARMA & ORS.versusSTATE OF HARYANA & ANR.

Citation
2025 INSC 723
Decided
16 May 2025
Disposal
Case Allowed

Holding

A High Court cannot use its inherent powers under Section 482 to alter or review a final judgment quashing an FIR, as Section 362 imposes an almost absolute bar except in extraordinary circumstances, which were absent here.

Summary

The appellants entered into a series of sale agreements and a compromise deed, after which an FIR (No.432/2014) for offences under Sections 406 and 420 IPC was filed. The High Court, invoking its inherent powers under Section 482 of the CrPC, quashed the FIR on the basis of the compromise. The complainant later applied for revival of the FIR; the High Court recalled its earlier order and ordered the FIR to be reinstated. The Supreme Court examined whether a court can alter or review a final judgment quashing an FIR under Section 482, given the bar in Section 362 which permits alteration only for clerical errors, and held that such power is unavailable absent extraordinary circumstances. It concluded that the violation of a compromise deed does not constitute a ground to invoke inherent powers, and the High Court acted without authority. Consequently, the appeals were allowed and the High Court’s order restoring the FIR was set aside.

Issues considered

  • The scope of Section 482 CrPC: can it be used to recall or alter a judgment that quashed an FIR?
  • Whether Section 362 CrPC bars any alteration or review of a final judgment except for clerical errors.
  • Whether a breach of the terms of a compromise deed justifies the exercise of inherent powers to revive a quashed FIR.
  • Whether the High Court can invoke inherent powers to meet the ends of justice in the absence of statutory provision.

Legislation cited

Headnote

Issue for Consideration Correctness and legality of the impugned judgment whereby the High Court restored FIR previously quashed, recalling the order of quashment. Headnotes† Code of Criminal Procedure, 1973 – ss.362, 482 – Power under – Scope – Criminal cases were entered into between the parties – However, the complainant, filed an application for revival of the FIRs – High Court ordered revival of the FIRs – Impermissibility: Held: 1.1 s.362 provides that a Court shall not, once it has signed the judgment or final order disposing

Subjects

Section 362Section 482Code of Criminal Procedure, 1973Order of quashing recalledRevival of FIRs orderedQuashed FIR restoredReview of judgment quashing the proceedingsCriminal cases quashedCompromiseAlteration or review of judgmentJudgmentViolations of term of compromise

Judgment

                [2025] 5 S.C.R. 2128 : 2025 INSC 723

                       Raghunath Sharma & Ors.
                                   v.
                        State of Haryana & Anr.
               (Criminal Appeal No(s). 2656-2657 of 2025)
                                 16 May 2025
               [Pankaj Mithal and Sanjay Karol,* JJ.]


                           Issue for Consideration
       Correctness and legality of the impugned judgment whereby the
       High Court restored FIR previously quashed, recalling the order
       of quashment.

                                  Headnotes†
       Code of Criminal Procedure, 1973 – ss.362, 482 – Power
       under – Scope – Criminal cases were quashed u/s.482
       on the ground of compromise entered into between the
       parties – However, the complainant, filed an application
       for revival of the FIRs – High Court ordered revival of the
       FIRs – Impermissibility:
       Held: 1.1 s.362 provides that a Court shall not, once it has signed
       the judgment or final order disposing of a case, alter or review
       the same, except to correct an error clerical or arithmetic – Bar
       u/s.362 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 – In such extraordinary circumstances, the
       Court should record reasons for exercising such power, justifying
       the invocation thereof. [Paras 8, 14]
       1.2 Once a judgment has been passed, the powers u/s.482 do
       not permit its alteration or review – Such power is meant solely to
       secure the ends of justice and it cannot be taken to mean doing
       something that is expressly prohibited by statute – The role of
       the Court, after a judgment has been delivered, is circumscribed
       by the law itself – In the present facts, the only provision of
       law, that permits an alteration in the judgment, in its own terms,
       was not resorted to – What was done was a review of the


* Author
[2025] 5 S.C.R.                                                                2129

          Raghunath Sharma & Ors. v. State of Haryana & Anr.


     judgment quashing the proceedings which was not permissible.
     [Paras 10, 11]
     1.3 Impugned judgment was passed by the High Court without any
     authority or basis – Once the criminal cases had been quashed,
     u/s.482 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 – Impugned judgment and the consequences
     flowing from such revival, set aside and quashed. [Paras 12, 13]
     Words and Phrases – Code of Criminal Procedure, 1973 –
     ss.362, 482 – “Save as otherwise provided by this Code” in
     s.362, if permits alterations u/s.482. [Paras 9.3, 9.3.4]

                               Case Law Cited
     State of Karnataka v. M. Devendrappa [2002] 1 SCR 275 : (2002) 3
     SCC 89; Sanjeev Kapoor v. Chandana Kapoor [2020] 1 SCR 663 :
     (2020) 13 SCC 172; Hari Singh Mann v. Harbhajan Singh Bajwa
     [2000] Supp. 4 SCR 313 : (2001) 1 SCC 169; Sankatha Singh v.
     State of U.P. [1962] Supp. 2 SCR 817 : 1962 SCC OnLine SC
     165; Sooraj Devi v. Pyare Lal [1981] 2 SCR 485 : (1981) 1 SCC
     500; State of Punjab v. Davinder Pal Singh Bhullar [2011] 15 SCR
     540 : (2011) 14 SCC 770; State of M.P. v. Man Singh [2019] 13
     SCR 570 : (2019) 10 SCC 161; Narayan Prasad v. State of Bihar
     (2019) 14 SCC 726 – relied on.
     State of Karnataka v. L. Muniswamy [1977] 3 SCR 113 : (1977)
     2 SCC 699; Sunder Babu v. State of Tamil Nadu [2009] 3 SCR
     326 : (2009) 14 SCC 244; Vineet Kumar v. State of U.P. [2017] 6
     SCR 922 : (2017) 13 SCC 369; Ahmad Ali Quraishi & Anr. v. State
     of Uttar Pradesh & Anr. [2020] 1 SCR 170 : (2020) 13 SCC 435;
     Simrikhia v. Dolley Mukherjee [1990] 1 SCR 788 : (1990) 2 SCC
     437; Gian Singh v. State of Punjab [2012] 8 SCR 753 : (2012)
     10 SCC 303; Telangana Housing Board v. Azamunnisa Begum
     [2018] 4 SCR 797 : (2018) 7 SCC 346; New India Assurance
     Co. Ltd. v. Krishna Kumar Pandey (2021) 14 SCC 683; State of
     Kerala v. M.M. Manikantan Nair [2001] 3 SCR 203 : (2001) 4 SCC
     752 – referred to.

                                  List of Acts
     Code of Criminal Procedure, 1973.
2130                                                       [2025] 5 S.C.R.

                         Supreme Court Reports


                            List of Keywords
     Section 362, Code of Criminal Procedure, 1973; Section 482, Code
     of Criminal Procedure, 1973; Order of quashing recalled; Revival
     of FIRs ordered; Quashed FIR restored; Order of quashment
     recalled; Review of judgment quashing the proceedings; Criminal
     cases quashed; Compromise; Alteration or review of judgment;
     Judgment; Violations of term of compromise.

                           Case Arising From
     CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No(s).
     2656-2657 of 2025
     From the Judgment and Order dated 08.10.2018 and 29.04.2019
     of the High Court of Punjab & Haryana at Chandigarh in CRM No.
     11903 of 2018 and CRM No. 13134 of 2019 respectively
     With
     Criminal Appeal No(s). 2658-2659 and 2660-2661 of 2025

                        Appearances for Parties
     Advs. for the Appellants:
     A.R.Takkar, Puthuvel Palani, A. Venayagam Balan, Mrs. Shriya
     Takkar, Ms. Shriya Takkar, Manan Takkar, Mrs. Unnati Anand,
     Gaurav Pal.
     Advs. for the Respondents:
     Dr. Hemant Gupta, A.A.G., Prasenjit Keswani, Sr. Adv., Samar Vijay
     Singh, Ms. Payal Gupta, Ms. Nitikaa Guptha, Ms. Sabarni Som,
     Fateh Singh, Kishore Kumar Pandey, Upmanyu Tewari, Devajyoti
     Bhattacharya, Mrs. V. D. Khanna, Ajay Verma.

                Judgment / Order of the Supreme Court

                                Judgment

     Sanjay Karol, J.

     Criminal Appeals @ SLP(Crl.)Nos.8101-8102/2019 :

     Leave Granted.
2.   These appeals by special leave, call into question the correctness
     and legality of the judgment and orders dated 8th October 2018
[2025] 5 S.C.R.                                                            2131

              Raghunath Sharma & Ors. v. State of Haryana & Anr.


       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.
3.     These appeals present a question of justified use or lack of the
       powers under Section 482 of the Code of Criminal Procedure,
       19731 using which the High Court restored First Information Report
       previously quashed.
4.     The genesis of the dispute is an agreement to sell entered into
       between the parties dated 21st May 2013, an agreement dated
       25th May 2013, and the Memorandum of Understanding dated 15th
       August 2013 as also agreement to sell dated 3rd January 2014.
       Various disputes arose in regard to these agreements and finally,
       with the intervention of elders and others, a fresh agreement to sell
       dated 15th April 2015 was entered into in supersession of all other
       agreements. Accordingly, the sale consideration was decided at
       Rs.2,25,00,000/-. Various methods were decided upon to transfer
       part of the said amount totalling to Rs.35 lakhs. The remaining
       Rs.1,90,00,000/- was to be paid at the time of registry along with
       interest @ 1% per month. Also, pursuant to the fresh agreement to
       sell a compromise deed dated 14th July 2015 was inked with a view
       to bring all litigations between the parties to an end. Consequently,
       the order dated 21st March 2016 which quashed the proceedings
       came to be passed. The order is extracted in toto as under :
               “This petition has been preferred under Section 482 of the
               Code of Criminal Procedure for quashing of FIR No.432
               dated July 15, 2014, under Sections 406, 420 of IPC,
               registered at Police Station Sector 10, Gurgoan, District
               Gurgaon (Annexure P-1) along with all consequential
               proceedings arising out of the same on the basis of
               compromise dated July 14, 2015 (Annexure P-2).


1    Hereinafter ‘Cr.P.C.’
2132                                                         [2025] 5 S.C.R.

                           Supreme Court Reports


             2. In compliance of order dated September 07, 2015,
             statement of the parties have been recorded by the
             trial Court. Report of learned Judicial Magistrate, 1st
             Class, Gurgaon, has been received, in which it has
             been categorically observed that parties have arrived at
             compromise without any pressure or coercion from any
             quarter. Even otherwise, matter involved is personal in
             nature, which has been amicably put at rest.
             4. Consequently, instant petition stands allowed, and FIR
             No.432, dated July 15, 2014, under Sections 406, 420 of
             IPC, registered at Poli Station Sector 10, Gurgaon, District
             Gurgaon and all other subsequent proceedings arising
             therefrom are quashed qua the petitioners.”
5.    It, however, appears that the spirit of the compromise deed was lost
      upon the parties as soon after the order dated 21st March 2016, the
      complainant, namely, Krishan Kumar Gandhi filed an application
      dated 10th September 2016 praying for revival of the FIRs. Vide
      order dated 24th September 2016 said prayer was rejected. On 27th
      March 2018, another prayer of a similar nature seeking the revival of
      the FIRs was made before the High Court. By way of the impugned
      judgment and order dated 8th October 2018, the revival of the FIRs
      was ordered.
6.    Aggrieved, the appellants are before us. We have heard the
      learned counsel for the parties and perused the record and written
      submissions filed.
7.    The scope and ambit of Section 482 Cr.P.C. has engaged this Court
      on numerous occasions [Ref: State of Karnataka v. L. Muniswamy2;
      Sunder Babu v. State of Tamil Nadu3; Vineet Kumar v. State of
      U.P.4; Ahmad Ali Quraishi & Anr. v. State of Uttar Pradesh & Anr.5.]
      The observations made in State of Karnataka v. M. Devendrappa6
      by a Bench of three Hon’ble Judges encapsulate the purpose of this
      power most aptly in the following terms :


2    (1977) 2 SCC 699
3    (2009) 14 SCC 244
4    (2017) 13 SCC 369
5    (2020) 13 SCC 435
6    (2002) 3 SCC 89
[2025] 5 S.C.R.                                                             2133

          Raghunath Sharma & Ors. v. State of Haryana & Anr.


           “6. Exercise of power under Section 482 of the Code in
           a case of this nature is the exception and not the rule.
           The section does not confer any new powers on the High
           Court. It only saves the inherent power which the Court
           possessed before the enactment of the Code. It envisages
           three circumstances under which the inherent jurisdiction
           may be exercised, namely, (i) to give effect to an order
           under the Code, (ii) to prevent abuse of the process of
           court, and (iii) to otherwise secure the ends of justice. It is
           neither possible nor desirable to lay down any inflexible rule
           which would govern the exercise of inherent jurisdiction. No
           legislative enactment dealing with procedure can provide
           for all cases that may possibly arise. Courts, therefore,
           have inherent powers apart from express provisions of law
           which are necessary for proper discharge of functions and
           duties imposed upon them by law. That is the doctrine which
           finds expression in the section which merely recognizes
           and preserves inherent powers of the High Courts. All
           courts, whether civil or criminal possess, in the absence
           of any express provision, as inherent in their constitution,
           all such powers as are necessary to do the right and to
           undo a wrong in course of administration of justice on the
           principle quando lex aliquid alicui concedit, concedere
           videtur et id sine quo res ipsae esse non potest (when
           the law gives a person anything it gives him that without
           which it cannot exist). While exercising powers under the
           section, the court does not function as a court of appeal
           or revision. Inherent jurisdiction under the section though
           wide has to be exercised sparingly, carefully and with
           caution and only when such exercise is justified by the
           tests specifically laid down in the section itself. It is to be
           exercised ex debito justitiae to do real and substantial
           justice for the administration of which alone courts exist.
           Authority of the court exists for advancement of justice
           and if any attempt is made to abuse that authority so as
           to produce injustice, the court has power to prevent abuse.
           It would be an abuse of process of the court to allow any
           action which would result in injustice and prevent promotion
           of justice. In exercise of the powers court would be justified
2134                                                            [2025] 5 S.C.R.

                             Supreme Court Reports


             to quash any proceeding if it finds that initiation/continuance
             of it amounts to abuse of the process of court or quashing
             of these proceedings would otherwise serve the ends of
             justice. When no offence is disclosed by the complaint, the
             court may examine the question of fact. When a complaint
             is sought to be quashed, it is permissible to look into the
             materials to assess what the complainant has alleged and
             whether any offence is made out even if the allegations
             are accepted in toto.”
8.    Chapter XXVII of the Cr.P.C. deals with ‘judgment’. It defines what
      a judgment is; in what language it should be delivered; its contents;
      effect (arrest, payment of compensation, release, etc.). Section 362
      provides that a Court shall not, once it has signed the judgment or
      final order disposing of a case, alter or review the same, except to
      correct an error clerical or arithmetic.
9.    The scope of this power has been discussed in several judgments
      of this Court.
      9.1 Sanjeev Kapoor v. Chandana Kapoor7 discusses the scope
          of this power in the following terms:
                    “19. The legislative scheme as delineated by Section
                    369 of the Code of Criminal Procedure, 1898, as well
                    as legislative scheme as delineated by Section 362
                    of the Code of Criminal Procedure, 1973 is one and
                    the same. The embargo put on the criminal court to
                    alter or review its judgment is with a purpose and
                    object. The judgments of this Court as noted above,
                    summarised the law to the effect that criminal justice
                    delivery system does not clothe criminal court with
                    power to alter or review the judgment or final order
                    disposing of the case except to correct the clerical or
                    arithmetical error. After the judgment delivered by a
                    criminal court or passing of the final order disposing
                    of the case the court becomes functus officio and
                    any mistake or glaring omission is left to be corrected
                    only by appropriate forum in accordance with law.”


7    (2020) 13 SCC 172
[2025] 5 S.C.R.                                                                2135

           Raghunath Sharma & Ors. v. State of Haryana & Anr.


     9.2 In Hari Singh Mann v. Harbhajan Singh Bajwa8, this Court
         observed:
                   “10. Section 362 of the Code mandates that no
                   court, when it has signed its judgment or final order
                   disposing of a case shall alter or review the same
                   except to correct a clerical or an arithmetical error. The
                   section is based on an acknowledged principle of law
                   that once a matter is finally disposed of by a court,
                   the said court in the absence of a specific statutory
                   provision becomes functus officio and disentitled to
                   entertain a fresh prayer for the same relief unless the
                   former order of final disposal is set aside by a court
                   of competent jurisdiction in a manner prescribed by
                   law. The court becomes functus officio the moment
                   the official order disposing of a case is signed. Such
                   an order cannot be altered except to the extent of
                   correcting a clerical or an arithmetical error. ...”
     9.3 It is clear from the above extracts that Section 362 Cr.P.C.
         provides for a fairly limited scope of the exercise of such power.
         Next, what is required to be seen is whether the phrase, “Save
         as otherwise provided by this Code” permits such alterations
         under Section 482 Cr.P.C.
            9.3.1 In terms of the Old Code, i.e., the Code of Criminal
                  Procedure, 1898 this Court in Sankatha Singh v. State
                  of U.P.9 through Raghubar Dayal, J., observed that :
                        “7. A criminal appeal cannot be dismissed for
                        the default of the appellants or their counsel.
                        The court has either to adjourn the hearing of
                        the appeal to enable them to appear, or should
                        consider the appeal on merits and pass the final
                        order. Shri Tej Pal Singh was aware of this as
                        his order itself indicates. He did not dismiss
                        the appeal for default. He himself perused the
                        judgment of the Magistrate and the record and



8   (2001) 1 SCC 169
9   1962 SCC OnLine SC 165
2136                                                         [2025] 5 S.C.R.

                           Supreme Court Reports


                        did consider the merits, as he says in his order
                        “I find no ground for any interference”. The mere
                        fact that he had not expressed his reasons
                        for coming to that opinion does not mean that
                        he had not considered the material on record
                        before coming to the conclusion that there was
                        no case for interference. His omission to write a
                        detailed judgment in the circumstance may be
                        not in compliance with the provisions of Section
                        367 of the Code and may be liable to be set
                        aside by a superior court, but will not give him
                        any power to set it aside himself, and rehear
                        the appeal. Section 369, read with Section 424
                        of the Code, makes it clear that the appellate
                        court is not to alter or review the judgment once
                        signed, except for the purpose of correcting a
                        clerical error.”
             9.3.2 In Sooraj Devi v. Pyare Lal10, it was categorically held
                   that :
                        “5. The appellant points out that he invoked
                        the inherent power of the High Court saved by
                        Section 482 of the Code and that notwithstanding
                        the prohibition imposed by Section 362 the High
                        Court had power to grant relief. Now it is well
                        settled that the inherent power of the court
                        cannot be exercised for doing that which is
                        specifically prohibited by the Code (Sankatha
                        Singh v. State of U.P. [AIR 1962 SC 1208 : 1962
                        Supp 2 SCR 817 : (1962) 2 Cri LJ 288] ). It is
                        true that the prohibition in Section 362 against
                        the court altering or reviewing its judgment is
                        subject to what is “otherwise provided by this
                        Court or by any other law for the time being in
                        force”. Those words, however, refer to those
                        provisions only where the court has been
                        expressly authorised by the Code or other law


10   (1981) 1 SCC 500
[2025] 5 S.C.R.                                                                 2137

            Raghunath Sharma & Ors. v. State of Haryana & Anr.


                         to alter or review its judgment. The inherent
                         power of the court is not contemplated by the
                         saving provision contained in Section 362 and,
                         therefore, the attempt to invoke that power can
                         be of no avail.”
                                                      (Emphasis supplied)

             9.3.3 The position in Sooraj Devi (supra) stands referred to/
                   followed in Simrikhia v. Dolley Mukherjee11; State of
                   Punjab v. Davinder Pal Singh Bhullar12; Gian Singh v.
                   State of Punjab13; and Telangana Housing Board v.
                   Azamunnisa Begum14.
             9.3.4 The law, therefore, is no longer res integra. The exception
                   to this position has been reorganized in Davinder Pal
                   Singh Bhullar (supra) in the following terms :
                         “46. If a judgment has been pronounced without
                         jurisdiction or in violation of principles of natural
                         justice or where the order has been pronounced
                         without giving an opportunity of being heard to
                         a party affected by it or where an order was
                         obtained by abuse of the process of court
                         which would really amount to its being without
                         jurisdiction, inherent powers can be exercised
                         to recall such order for the reason that in such
                         an eventuality the order becomes a nullity and
                         the provisions of Section 362 CrPC would not
                         operate. In such an eventuality, the judgment is
                         manifestly contrary to the audi alteram partem
                         rule of natural justice. The power of recall is
                         different from the power of altering/reviewing
                         the judgment. However, the party seeking
                         recall/alteration has to establish that it was not
                         at fault....”


11   (1990) 2 SCC 437
12   (2011) 14 SCC 770
13   (2012) 10 SCC 303
14   (2018) 7 SCC 346
2138                                                           [2025] 5 S.C.R.

                             Supreme Court Reports


             The ‘exceptions’ of a) the violation of audi alteram partem; and
             b) abuse of process of law which would affect the jurisdiction of
             the Court to deal with the matter and, in such cases the exercise
             of the inherent powers under the code has been approved by
             a Bench of three Judges in New India Assurance Co. Ltd. v.
             Krishna Kumar Pandey15. These aren’t the circumstances of
             the present case.
10. It can be seen from the above pronouncements that the role of the
    Court, after a judgment has been delivered, is circumscribed by the
    law itself. In the present facts, the only provision of law, that permits an
    alteration in the judgment, in its own terms, was not resorted to. What
    was done was a review of the judgment quashing the proceedings.
    That, in the considered view of this Court, was not permissible.
      10.1 State of M.P. v. Man Singh16, with reference to a decision
           rendered by a three-Judge Bench in State of Kerala v. M.M.
           Manikantan Nair17, makes this position clear as follows :
                    “7. It is well settled law that the High Court has no
                    jurisdiction to review its order either under Section
                    362 or under Section 482 CrPC [State of Kerala v.
                    M.M. Manikantan Nair, (2001) 4 SCC 752 : 2001 SCC
                    (Cri) 808] . The inherent power under Section 482
                    CrPC cannot be used by the High Court to reopen
                    or alter an order disposing of a petition decided on
                    merits [State v. K.V. Rajendran, (2008) 8 SCC 673 :
                    (2008) 3 SCC (Cri) 600 : 2009 Cri LJ 355] . After
                    disposing of a case on merits, the Court becomes
                    functus officio and Section 362 CrPC expressly bars
                    review and specifically provides that no court after
                    it has signed its judgment shall alter or review the
                    same except to correct a clerical or arithmetical error
                    [Hari Singh Mann v. Harbhajan Singh Bajwa, (2001) 1
                    SCC 169 : 2001 SCC (Cri) 113] . Recall of judgment
                    would amount to alteration or review of judgment
                    which is not permissible under Section 362 CrPC. It


15   (2021) 14 SCC 683
16   (2019) 10 SCC 161
17   (2001) 4 SCC 752
[2025] 5 S.C.R.                                                          2139

            Raghunath Sharma & Ors. v. State of Haryana & Anr.


                    cannot be validated by the High Court invoking its
                    inherent powers [Sooraj Devi v. Pyare Lal, (1981) 1
                    SCC 500 : 1981 SCC (Cri) 188 : AIR 1981 SC 736].”
                                                  (Emphasis supplied)

11. Again, in Narayan Prasad v. State of Bihar18 this Court reiterated
    that once a judgment has been passed, the powers under Section
    482 Cr.P.C. do not permit its alteration or review. Such power is
    meant solely to secure the ends of justice and it cannot be taken to
    mean doing something that is expressly prohibited by statute.
12. In view of the above discussion of law, the conclusion is that the
    impugned judgment was passed by the High Court without any
    authority or basis. 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.
13. The appeals, therefore, succeed and are, accordingly, allowed. The
    impugned judgment and orders, as described in para 2, and the
    consequences flowing from such revival, shall stand set aside and
    quashed.
14. At the end, we may record our surprise that the High Court adopted
    the course it did without reference to the well-established position
    of law, as demonstrated above. We summarize the findings/issue
    directions, as follows :
      1.     The bar under Section 362 Cr.P.C. is almost absolute;
      2.     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;



18   (2019) 14 SCC 726
2140                                                           [2025] 5 S.C.R.

                            Supreme Court Reports


     3.      To clarify, it may be stated that when a Court finds itself in such
             extraordinary circumstances, the reasons for exercising such
             power should be recorded, justifying the invocation thereof.
15. We direct the Registry to circulate a copy of this judgment to all High
    Courts, for necessary dissemination to all concerned. It is our hope
    that lending clarity, coupled with the necessary information being
    supplied would curb such unjustified use of power.
16. In view of the discussion made in Criminal Appeals @ SLP(Crl.)
    Nos.8101-8102 of 2019, matters connected therewith, i.e., Criminal
    Appeals @ Special Leave Petitions @ Diary No.34946/2019 and
    Criminal Appeals @ SLP(Crl.)Nos.10274-10275/2019, shall also
    stand similarly disposed of.
     Pending applications, if any, shall be closed.

     Result of the case: Appeals allowed.



     †
         Headnotes prepared by: Divya Pandey


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RAGHUNATH SHARMA & ORS. versus STATE OF HARYANA & ANR. — 2025 INSC 723 - Legal Desk AI