Allahabad High Court

LAV-KUSH AND OTHERSversusSTATE OF U.P.

Decided: 12 May 2026
Bench: VANI RANJAN AGRAWAL

Holding

The compromise is genuine and, under CrPC Section 374(2), the conviction is set aside and the appellants are acquitted.

Summary

The appellants were convicted by the Additional Sessions Judge for offences under IPC sections 308, 325 and 504 and sentenced to rigorous imprisonment. They filed a criminal appeal under Section 374(2) of the Criminal Procedure Code seeking reversal of the conviction. While the appeal was pending, the parties entered into a voluntary compromise, which was verified by the trial court and reported to the High Court. The Court examined whether the nature of the offences permitted a settlement and found the compromise genuine and free of coercion. Relying on the provisions allowing compromise in certain criminal matters, the Court held that continuing the prosecution would serve no useful purpose. Accordingly, the conviction and sentences were set aside, the appellants were acquitted, and their bonds and sureties discharged. The order was directed to be complied with by the trial court.

Issues considered

Whether a compromise can be accepted and lead to setting aside a conviction for offences under Sections 308, 325 and 504 of the IPC
Whether the provisions of Section 374(2) of the Criminal Procedure Code permit such relief in the present case
Whether the nature of the offences precludes settlement by compromise

Legislation cited

Code of Criminal Procedure, 1973 — s. 374(2)
Indian Penal Code — s. 308, 325, 504

Subjects

compromise
criminal appeal
conviction set aside
IPC sections 308 325 504
CrPC 374(2)
acquittal
settlement
rigorous imprisonment

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL APPEAL No. - 6053 of 2003

Lav-Kush And Others
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)

Counsel for Appellant(s) : Balbeer Singh, Jokhan Prasad
Counsel for Respondent(s) : Govt. Advocate, Surendra Prasad Yadav

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 29.11.2003 passed by the
Additional Sessions Judge, Court No.1, Siddharth Nagar in S.T. No. 58/98,
convicting the appellants under Sections 308/34 I.P.C. adn sentencing them
five years rigorous imprisonment and further convicting the appellants under
Sections 325/34 I.P.C. and sentencing them three years rigorous
imprisonment and again convicting the appellants under Section 504 I.P.C.
and sentencing them one year rigorous imprisonment. All the sentences shall
go on simultaneously.

2. Heard learned Counsel for the appellants as well as the learned counsel for
the respondents, 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 06.01.2026 and in pursuance whereof, the parties appeared
before the learned trial court, the compromise was verified and the
compliance report is available on record.

4. As per report of C.J.M. dated 13.02.2026, the appellants and the
complainant have been identified by their respective counsels before the
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 06.02.2025 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 29.11.2003 is hereby set aside. The appellants are
CRLA No. 6053 of 2003
2

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.
May 13, 2026
Pravesh Mishra
(Mrs. Vani Ranjan Agrawal,J.)

Digitally signed by :-
PRAVESH KUMAR MISHRA
High Court of Judicature at Allahabad

Continue reading with your account

Checking your session…