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2023 DAILYLAW 2996 (ALL)

SURAJ BHAN SINGH AND 2 OTHERS v. STATE OF U.P.

CRLA/2207/2023 · 2026-04-15

Vani Ranjan Agrawal

Criminal Appealbody2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 2207 of 2023 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 Versus Counsel for Appellant(s) : Arvind Kumar Mishra, Rajendra Prasad Tiwari Counsel for Respondent(s) : Vineet Tiwari, G.A. Suraj Bhan Singh And 2 Others .....Appellant(s) State of U.P. .....Respondent(s) 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 CRLA No. 2207 of 2023 2 (Mrs. Vani Ranjan Agrawal,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad