Criminal Misc. No. M-7952 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-7952 of 2009 Date of Decision: 31.3.2009 Vir Inder Pal Singh and Another …Petitioners Versus State of Haryana and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Ranjivan Singh, Advocate for the petitioners. Mr. S.S. Mor, Senior Deputy Advocate General, Haryana, for respondent No.1-State. None for respondent No.2. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 60 dated 4.6.2008 along with all consequential proceedings registered against the petitioner at Police Station Kalka under Sections 323, 406, 497, 498-A, 506 & 120-B IPC. Petitioner No.2 is stated to be wife of elder brother of husband of estranged wife. It is stated that case is fixed for framing of charge on 7.4.2009. Petitioner No.2 has been mentioned as accused No.5. Since the case is fixed for framing of charge, this Court is of the view that since all 161 Cr.P.C. statements accompanying report under Section 173 Criminal Misc. No. M-7952 of 2009 2 Cr.P.C. and the documents relied upon by the prosecution are not before this Court, therefore, petitioner No.2 may urge before the trial Court at the time of framing of charge that no offence is made against her. Counsel for the petitioner has further submitted that petition qua petitioner No.1 has been already dismissed by a Co-ordinate Bench of this Court on 21.3.2009. Taking into consideration that petitioner No.2 is lady and her relationship with the complainant, her personal appearance shall stand exempted before the trial Court subject to filing an undertaking that he shall cause appearance as and when required and the evidence recorded in his absence but in the presence of his counsel shall be binding upon him. Trial Court may also specify any other condition in the undertaking to be furnished by the petitioner. On the furnishing of undertaking, the personal appearance of petitioner shall stand exempted. With the observations made above, the present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge March 31, 2009 “DK”