Criminal Misc. No. M-12520 of 2011 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-12520 of 2011 Date of Decision: 4.5.2011 Raj Pal Aggarwal and Another …Petitioners Versus State of Punjab and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Raj Kumar Gupta, Advocate for the petitioners. Kanwaljit Singh Ahluwalia, J. (Oral) The petitioners have been convicted by the Court of Additional Chief Judicial Magistrate, Fatehgarh Sahib, vide judgment dated 24.4.2006 and have been sentenced under various offences. The maximum sentence awarded is three years. Aggrieved against their conviction and sentence, the petitioners have filed an appeal, which is pending in the Court of Additional Sessions Judge, Fatehgarh Sahib. Learned counsel for the petitioners submits that during the pendency of appeal, a compromise has been arrived at between the parties and the complainant does not intend to pursue the criminal proceedings initiated against the petitioners. Be that as it may, this Court, under Section 482 Cr.P.C., cannot compound the offences for which the petitioners have already been convicted and sentenced. The petitioners, if so advised, can pray Criminal Misc. No. M-12520 of 2011 2 to the Appellate Court that a compromise between the parties being the finest hour be construed as a mitigating circumstance. This Court has no doubt that the Appellate Court shall sympathetically consider the well settled legal proposition of law propounded in various judicial pronouncements. If the petitioners are able to persuade the Appellate Court, and there is no aggravating circumstance, the Appellate Court may consider releasing of the petitioners on probation or reducing their sentence adequately, in accordance with the provisions of law. With the observations made above, the present petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge May 4, 2011 “DK”