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Judgment
Gajendra Singh, J
The applicant has filed this present application under Section 528 of BNSS, 2023 for recalling of order dated 10.12.2025 passed in CRR No.5806/2025.
Learned counsel for the applicant submits that the impugned order dated 10/12/2025 contains a factual error apparent on the face of the record. The order wrongly mentions that the petitioner is being acquitted “in view of the compromise” and that compromise has not been initiated between the parties. In fact, no compromise was ever initiated, filed, recorded, admitted, produced, argued, or pleaded by either party before the Trial Court, Appellate Court, or before this Hon’ble Court in the present criminal revision under Section 438 read with Section 442 of the BNSS, 2023. The mention of compromise is therefore an incorrect factual assumption, which has materially affected the outcome of the revision. The said mistake of fact goes to the root of the order and warrants recall/correction in the interest of justice.
Considering aforesaid circumstances, it is clear that it was a typographical error in para 5 fifth line of the order dated 10.12.2025 that "in view of the compromise" has been written. But on going through the record it also transpired that in CRR No.5806/2025, there is no application (I.A.) for suspension of sentence filed on behalf of the petitioner (therein) and final order has been passed, therefore, it would be appropriate to recall the order dated 10.12.2025.
Resultantly, application is allowed and order dated 10.12.2025 passed in CRR No. 5806/2025 is hereby recalled and CRR No. 5806/2025 is restored to its original number.
At this stage, learned counsel for the respondent fairly submits that they intend to file the appropriate application and counsel for applicant undertakes to appear in CRR No. 5806/2025.
After restoration of CRR No.5806/2025, office is directed to list the same on 18.12.2025