Allahabad High Court
PREETAM AND ANOTHERversusSTATE OF UP
- Decided
- Bench
- VANI RANJAN AGRAWAL
Holding
The court held that a genuine voluntary compromise, even in cases involving non‑compoundable offences, warrants setting aside the conviction and acquitting the accused.
Summary
The appellants were convicted under Sections 325 and 323 of the IPC for causing grievous and simple hurt and sentenced to imprisonment and fine. They appealed the conviction under Section 374(2) of the Criminal Procedure Code. During the pendency of the appeal, the parties entered into a voluntary compromise, which was verified by the trial court and reported by the CJM as free of coercion. The High Court examined whether such a compromise could be accepted despite the nature of the offences, particularly the non‑compoundable nature of Section 325 IPC. Satisfied that the compromise was genuine and that continuing the criminal proceedings would serve no useful purpose, the Court set aside the conviction, acquitted the appellants, and discharged their bonds. The appeal was therefore allowed.
Issues considered
- Can a compromise be accepted and lead to setting aside a conviction for offences under Section 325 IPC, which is non‑compoundable?
- Does the court have jurisdiction under Section 374(2) CPC to set aside a conviction on the basis of a voluntary compromise?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 374(2)
- Indian Penal Code — s. 323, 325
Subjects
- compromise
- criminal appeal
- acquittal
- non‑compoundable offence
- IPC 325
- IPC 323
- Section 374(2) CPC
- set aside conviction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 2955 of 2020
Preetam And Another
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)
Counsel for Appellant(s) : Amit Krishna, Ankaj Kumar Pal
Counsel for Respondent(s) : Dhiraj Kumar Pandey, G.A.
Court No. - 93
HON'BLE MRS. VANI RANJAN AGRAWAL, J.
1. This Criminal appeal under Section 374 (2) of the Criminal Procedure
Code has been preferred by the appellants against the conviction and
sentence recorded vide judgment and order dated 23.09.2020 passed by
learned Additional District & Sessions Judge, Deoband, District- Saharanpur
in Sessions Trial No.365/2018 (State Vs. Bhajan) (since deceased), arising
out of Case Crime No.606/2017, Police Station- Deoband, District-
Shaharanpur, whereby, under Section 325 I.P.C., the appellants have been
convicted and sentenced to undergo two and half years simple imprisonment
each and fine of Rs.5,000/- each, and further, under Section 323 I.P.C., the
appellants have been convicted and sentenced to undergo six-six months
imprisonment each with fine of Rs.5,000/- each and in case of default of
payment, the appellants shall undergo three months additional imprisonment.
2. Heard learned Counsel for the appellant as well as the learned counsel for
the complainant, and learned AGA for the State.
3. It is submitted by the learned counsel for the parties that the parties
entered into a compromise during pendency of this appeal and compromise
deed filed by the parties was sent for verification to the learned trial court
vide order dated 14.10.2025 passed in Criminal Appeal No.2955/2020 and in
pursuance whereof, the parties appeared before the learned trial court
concerned, the compromise was verified and the compliance report is
available on record.
4. As per report of C.J.M., Saharanpur dated 30.01.2026, the appellants and
the complainant have been identified by their respective counsels before the
CRLA No. 2955 of 2020
2
court. On being queried, they have stated to the effect that the compromise
has been entered into voluntarily without any coercion and undue influence.
5. In view of the nature of offence and the terms of settlement between the
parties, the Court is satisfied that the compromise is genuine and as such no
useful purpose would be served in continuing with the criminal proceedings.
6. In the aforesaid circumstances, the compromise deed dated 09.10.2024 is
accepted. The Criminal appeal is decided in terms of the said compromise.
The conviction and sentence recorded by the learned trial court vide
judgment and order dated 23.09.2020 is hereby set aside. The appellants are
acquitted of the charges levelled against them. Their personal bonds are
cancelled and sureties are discharged.
7. Let copy of this order be sent to learned trial court for necessary
compliance.
February 10, 2026
Pravesh Mishra
(Mrs. Vani Ranjan Agrawal,J.)
Digitally signed by :-
PRAVESH KUMAR MISHRA
High Court of Judicature at Allahabad
Checking your session…