IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.11226-M of 2004 Date of decision: 8 th April, 2010 Usha Rani and another … Petitioners Versus State of Haryana and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Kunal Mulwani, Advocate for Mr. Chetan Mittal, Advocate for the petitioners. Mr. Ravish Kaushik, Assistant Advocate General, Haryana for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. praying that FIR No.446 dated 05.08.2003 registered at Police Station City Panipat under Sections 420, 406, 120-B IPC against the petitioners be quashed on the ground that the civil suit (Annexure P-2) is pending between the parties. Mere pendency of the civil suit is no ground to quash the FIR. At this stage, counsel for the petitioners has prayed that he may be permitted to withdraw the present petition with liberty to raise all the arguments, available to him under law, before the trial Court at an appropriate stage. As prayed, dismissed as withdrawn, with liberty aforesaid. Criminal Misc. No.11226-M of 2004 Present petition was filed in the year 2004 and the impugned FIR was registered in the month of August 2003. Therefore, taking into consideration long pendency of the litigation, personal appearance of the petitioners before the trial Court is exempted, subject to their filing an undertaking that they shall cause their appearance as and when required by the trial Court. They shall also undertake that the evidence, if any, recorded in their absence but in the presence of their counsel, shall be binding upon them. The trial Court may incorporate any other condition in the undertaking to be furnished by the accused. [KANWALJIT SINGH AHLUWALIA] JUDGE April 8, 2010 rps 2