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Harsha (engineer)     27 July 2023

Reopen criminal petition under crpc 482

hello learned councels,

i thank you for the suggestions given on my previous case

https://www.lawyersclubindia.com/forum/husband-not-obeying-compromise-high-court-order-229893.asp

As far i know the compromise petition once done cannot be reopened, however i observed that in case.

In Krishna Kumar Pandey (supra) this Court referred with approval, to the judgment of this Court in State of Punjab v. Davinder Pal Singh Bhullar and Ors. where this Court held that the High Court was not denuded of inherent power to recall a judgment and/or order which was without jurisdiction, or in violation of principles of natural justice, or passed without giving an opportunity of hearing to a party affected by the order or *where an order was obtained by abusing the process of Court which would really amount to its being without jurisdiction. Inherent powers can be exercised to recall such orders*

 

 the apex court has allowed the case quashed to be reopened. Is this citation be referred to reopen the quashed case. I request to share with me any citation or previous cases where criminal petition quashed under crpc 482 is reopened. I approached the bench clerk however they are advising to get an approval from advocate general to file the reopen petition else my review petition will be dismissed.

 

Regards

Harsha

 



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     27 July 2023

You were advised to obtain an opinion from the advocate general's ofice in this regard, hence that is the condition on this.

You have not mentione that the quash under 482 cr.p.c. was obtained by playing fraud on court, if not then it may not be maintainable.

 

Harsha (engineer)     28 July 2023

thank you learned councel. Riya husband and Riya had submitted a joint memo that he will return all her jewels and pay her Rs 1.5 Lakh also support her to obtain Mutual divorce. Based on that joint memo believing that he will return (that's the biggest mistake) Riya did. 

Now he is not adhering to the contents of joint memo and he is playing disobedience to the joint memo and court order.


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