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Allahabad High Court

SURAJ BHAN SINGH AND 2 OTHERSversusSTATE OF U.P.

Decided

Holding

The appeal is disposed of in terms of the compromise, and the appellants are acquitted of the charges under Sections 324/34, 452 and 506 IPC.

Summary

The appellants were convicted by the Sessions Judge in Bijnor for offences under IPC sections 324/34, 452 and 506 and sentenced to rigorous imprisonment and fines. Subsequently, the appellants and the injured parties (Asha Ram, Jai Pal and Dulari Devi) executed a compromise affidavit dated 25‑27 March 2025, which was verified by the trial court on 24 December 2025. The State’s learned A.G.A. raised no objection to the compromise. The Allahabad High Court, applying Section 320 of the Criminal Procedure Code, held that a composition of the offence is permissible at the instance of the injured and therefore disposed of the appeal in terms of the compromise, acquitting the appellants and discharging their bonds. The trial‑court record is to be sent back.

Issues considered

  • Whether a compromise under Section 320 CrPC is permissible for the offences charged under IPC sections 324/34, 452 and 506.
  • Whether the compromise, once verified by the trial court, can lead to the discharge of the conviction and sentence.

Legislation cited

Subjects

  • compromise
  • Section 320 CrPC
  • acquittal
  • criminal appeal
  • IPC offences
  • bail
  • discharge of bond

Judgment

                HIGH COURT OF JUDICATURE AT ALLAHABAD

                        CRIMINAL APPEAL No. - 2207 of 2023

Suraj Bhan Singh And 2 Others
                                                                      .....Appellant(s)
                                        Versus
State of U.P.
                                                                    .....Respondent(s)

Counsel for Appellant(s)            :   Arvind Kumar Mishra, Rajendra Prasad
                                        Tiwari
Counsel for Respondent(s)           :   Vineet Tiwari, G.A.

Court No. - 93

                 HON'BLE MRS. VANI RANJAN AGRAWAL, J.



1. Heard learned counsel for the appellants and Sri Rahul Asthana, learned

A.G.A. for the State.


2. The present criminal appeal has been filed against the judgment and order dated

16.2.2023 passed by learned Sessions Judge, Bijnor in Session Trial No.959 of 2010,

arising out of Case Crime No.1238 of 2009, under Sections 307/34, 324/34, 336, 452,

504, 506 I.P.C. P.S. Nehtaur, District Bijnor whereby the appellants were convicted

and sentenced as follows:-


Under Sections 324/34 I.P.C. - to undergo three years rigorous imprisonment along

with fine of Rs.3,000/- and in case of default in payment of fine the appellants shall

undergo three months additional simple imprisonment.


Under Section 452 I.P.C. - to undergo two years rigorous imprisonment along with

fine of Rs.2,000/- along with fine of Rs.2,000/- and in case of default in payment of

fine the appellant shall undergo two months additional simple imprisonment.


Under Section 506 I.P.C. - the appellants shall undergo one year rigorous

imprisonment along with fine of Rs.1,000/- and in case of default in payment of fine

the appellants shall undergo one month additional simple imprisonment.


3. Learned counsel for the appellants stated that appellants and injured Asha Ram and
                                                                                                     CRLA No. 2207 of 2023
                                                                          2

                                    injured witness namely Jai Pal S/o Shyam Lal and Dulari Devi W/o Asha Ram have

                                    entered into compromise, which has been filed by them in the compromise affidavit

                                    dated 25/27.3.2025. Since the injured and the appellants have settled their dispute

                                    amicably and injured. Furthermore, the compromise arrived at between the parties

                                    dated 23.1.2025 has been duly verified by the learned trial Court vide order dated

                                    24.12.2025. It is further submitted that the parties does not want to proceed with the

                                    case against the appellants, therefore, this appeal be decided in terms of compromise

                                    entered into between the parties.


                                    4. Learned A.G.A. has no objection in this regard.


                                    5. From the perusal of supplementary affidavit filed on behalf of the appellants and the

                                    injured Ram Sewak, it appears that the injured has agreed not to proceed with the case

                                    and has settled their dispute amicably with the appellants and there is joint request to

                                    decide the appeal in terms of compromise arrived at between the parties.


                                    6. In the considered opinion of this Court, since the parties have entered into

                                    compromise and in the scheme of Section 320 Cr. P.C., the composition of the offence

                                    is permissible between the parties at the instance of the injured, therefore, this appeal

                                    is decided in terms of compromise as entered into between the parties.


                                    7. Thus, this appeal is disposed of in terms of compromise entered into between the

                                    parties and the appellants stand acquitted of the charge under Sections 324/34, 452,

                                    506 I.P.C. They are on bail, they need not to surrender. Their personal bond and

                                    sureties are discharged.


                                    8. Trial Court record be sent back.



                                    April 16, 2026
                                    Dev
                                                                                          (Mrs. Vani Ranjan Agrawal,J.)




Digitally signed by :-
DEV PRAKASH
High Court of Judicature at Allahabad


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