Criminal Misc. No. M-1213 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-1213 of 2009 Date of Decision: 19.1.2009 Hari Om and Others …Petitioners Versus State of Haryana and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Ashok Kaushik, Advocate for the petitioners. Kanwaljit Singh Ahluwalia, J. (Oral) Petitioners had earlier filed Criminal Misc. No. M-19689 of 2008 and the same was disposed off and the petitioners were relegated to raise all the arguments before the Appellate Court. Notice of motion. On the asking of the Court Mr. S.S. Mor, learned Senior Deputy Advocate General, Haryana, accepts notice on behalf of the State. A copy of petition has been supplied to him. Mr. Ramender Chauhan, Advocate, has caused appearance for the complainant. He has stated that the parties have resolved their dispute amicably. In the present case, the Appellate Court has taken into consideration the fact that Section 498-A IPC is non-compoundable offence and the Appellate Court has no power to compound the offence. Criminal Misc. No. M-1213 of 2009 2 It was held by Hon'ble the Apex Court in B.S.Joshi v. State of Haryana 2003 (2) RCR (Criminal) 888 and subsequently by a Full Bench of this Court in Kulwinder Singh v. State of Punjab 2007(3) Recent Criminal Reports 1052 that in matrimonial matters compromise should always be granted due sanctity as husband and wife are not criminals but due to difference of opinions the marriage has gone sour. Therefore, this fact can always be considered by the Appellate Court while deciding the appeal on the quantum of sentence. Section 498-A IPC is punishable upto three years. I have no doubt in my mind if a submission is made before the Appellate Court that the petitioners be released on probation under the Probation of Offenders Act, 1959, it will be considered by the trial Court. Needless to say probation granted under the Probation of Offenders Act, 1959, fasten the accused with no disqualification. With the observations made above, the present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge January 19, 2009 “DK”