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2001 DAILYLAW 1206 (ALL)

RAJ BAHADUR v. STATE OF U.P.

CRLA/849/2001 · 2026-05-03

Vani Ranjan Agrawal

Criminal Appealbody2001

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 849 of 2001 Court No. - 93 HON'BLE MRS. VANI RANJAN AGRAWAL, J. 1. Heard Sri Shyam Sunder Mishra, learned counsel for the appellant; Sri Arvind Kumar, learned counsel for the opposite party and Sri Rahul Asthana, learned A.G.A. for the State. 2. Learned counsel for the appellant submits that during the pendency of this appeal parties have amicably settled their dispute out of the Court and filed a joint affidavit, which on record. It is further submitted that on the basis of compromise a joint compromise affidavit on notary was prepared between the deponent no.1 and deponent no.2 and 3, mentioning therein that both the parties are agreed to decide the Criminal Appeal No.849 of 2001 (Raj Bahadur vs. State of U.P.) on the basis of compromise and they do not want any proceeding against the appellant. An original joint notary affidavit of the appellant and the first informant namely Punjab Singh and injured witness namely Rampati reference in this regard is made to Annexure No.1 to the joint affidavit. 3. Learned counsel for the opposite party also states that the matter has been amicably settled between the parties and that the opposite party does not want to proceed further with the matter. 4. Learned A.G.A. has no objection in this regard. Versus Counsel for Appellant(s) : Ajay Dubey, Ajay Kumar Sharma, Atul Sharma, Kamini Dubey, Shyam Sunder Mishra Counsel for Respondent(s) : Arvind Kumar, Govt. Advocate Raj Bahadur .....Appellant(s) State of U.P. .....Respondent(s) 5. From the perusal of joint affidavit filed on behalf of the appellant and first informant namely Punjab Singh and injured witness namely Rampati, it appears that the injured has agreed not to proceed with the case and has settled their dispute amicably with the appellant and there is joint request to decide the appeal in terms of compromise arrived at between the parties. 6. Vide order dated 16.10.2025 passed by this Court learned Chief Judicial Magistrate concerned was directed to verify the contents of the said compromise/joint affidavit. Pursuant to order dated 16.10.2025 learned Chief Judicial Magistrate, Agra had verified the contents of the said compromise/joint affidavit vide order dated 27.11.2025, a copy of said order is available on record. 7. 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. 8. Thus, this appeal is disposed of in terms of compromise entered into between the parties and the appellants stand acquitted of the charge under Section 326 I.P.C. The appellant is on bail, he need not to surrender. His personal bond and sureties are discharged. 9. Trial Court record be sent back. May 4, 2026 Dev CRLA No. 849 of 2001 2 (Mrs. Vani Ranjan Agrawal,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad