Court Dismisses Recall Application; Asserts No Power to Review Final Orders under Section 362 CrPC
In a significant judgment delivered by the Delhi High Court, Justice Amit Mahajan reaffirmed the principle that criminal courts lack the power to review or alter final judgments, except for correcting clerical or arithmetic errors. The court was addressing a recall application filed by Ms. P (the Applicant) against the quashing order of an FIR involving serious allegations under Sections 376(2)(n) and 313 of the Indian Penal Code.
The original FIR was quashed by the Delhi High Court on December 3, 2024, after the Applicant and Respondent, Mr. Ashwini Pal, resolved their disputes and got married. The Applicant later sought to recall this quashing order, alleging that it was obtained through fraud and misrepresentation. She claimed that the marriage was a facade to evade criminal prosecution and that she suffered abuse and abandonment post-quashing.
However, the court emphasized that once a court has signed its final order, it becomes functus officio, as per Section 362 of the Criminal Procedure Code and Section 403 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The judgment reiterated that inherent powers cannot be exercised to review a final judgment, citing precedents like "Hari Singh Mann v. Harbhajan Singh Bajwa" and "Raghunath Sharma v. State of Haryana."
Justice Mahajan noted that the quashing order was based on voluntary statements by both parties, who acknowledged their consensual relationship and subsequent marriage. He further stated that the Applicant's claims of fraud lacked contemporaneous evidence and were based on events occurring after the quashing order. The court emphasized that matrimonial disputes arising post-quashing do not invalidate the order or revive concluded proceedings.
The judgment underscores the importance of finality in judicial orders, especially in cases resolved through settlements. It highlights that subsequent disputes should be addressed through independent legal proceedings, preserving the sanctity and purpose of the original quashing under Section 528 of the BNSS.
Bottom line:-
Criminal courts lack the power to review or alter final judgments except for correcting clerical or arithmetical errors as per Section 362 CrPC or Section 403 BNSS. Matrimonial disputes arising post-quashing of FIR do not retrospectively invalidate the order of quashing.
Statutory provision(s): Section 362 CrPC, Section 403 BNSS, Section 528 BNSS, Sections 376(2)(n), 313 IPC
Ashwini Pal v. State NCT Of Delhi, (Delhi) : Law Finder Doc id # 2904759
