XXX Vs State Of Kerala: SC Observes That Court Cannot Suo Moto Recall Its Own Order Under Section 362 Of CrPC

DATE OF JUDGEMENT:
22nd November, 2021

JUDGES:
Justices Vineet Saran and Aniruddha Bose

PARTIES:
XXX (Appellant)
State of Kerala (Respondent)

SUBJECT

The case dealt with an order passed by the High Court recalling its previous order Suo moto under Section 362 of CrPC. The Supreme Court held that Section 362 does not empower the High Court to Suo moto recall its own orders.

LEGAL PROVISIONS

Code of Criminal Procedure

• Section 362: Court not to alter judgment. —Save as otherwise provided by this Code or by any other law for the time being in force, no Court, when it has signed its judgment or final order disposing of a case, shall alter or review thesame except to correct a clerical or arithmetical error.
• Section 482: Saving of inherent powers of High Court. —Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under thisCode, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.

AN OVERVIEW

1. An FIR was lodged by the respondent against several accused persons. The accused persons were alleged to have been involved in the offense of rape and child sexual assault.
2. The High Court on 20.4.2021 had quashed the FIR lodged by the respondent after hearing the petition filed by the appellant challenging the FIR under Section 482 of Code of Criminal Procedure. The High Court had quashed the FIR on the ground of the accused's marriage to the victims.
3. However, on 28.4.2021, the High Court recalled the 20.4.2021 order under Section 362 of CrPC after taking up the matter Suo moto.
4. The High Court had recalled the order after taking note of the Supreme Court's judgment in the case of Gian Singh v. State of Punjab where the Apex Court had held that the heinous crimes such as rape and sexual crimes cannot be quashed merely because the victim and offender have resolved the dispute among themselves.
5. Thereafter, a Special Leave Petition was filed before the Supreme Court challenging the 28.4.2021 judgment.

ISSUES RAISED

• Whether the Court can recall its judgment Suo moto under Section 362 of CrPC?

ANALYSIS OF THE JUDGMENT

1. It was undisputed by the counsel for the parties that once an order is passed by the Court, the same cannot be altered by the Court under Section 362 except on grounds of clerical or arithmetical errors.
2. The Supreme Court observed that detailed reasons were provided by the High Court in its 20.4.2021 and the same could not be recalled by the Court under Section 362 of CrPC.
3. Thus, the Supreme Court allowed the Special Leave Petition.

CONCLUSION

The Supreme Court has rightly observed that by the wordings of Section 362, it can be interpreted that the High Court cannot Suo motto review its own judgment. However, the High Court’s judgment is likely to be altered on appeal. The High Court rightly observed that the Supreme Court in the case of Gian Singh v. State of Punjab had laid down that, heinous crimes cannot be quashed on grounds of the settlement reached between the victim and offender.

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