IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-11846 of 2011 (O&M) Date of decision: 17th May, 2011 Raj Kumar alias Kala and others … Petitioners Versus Rani … Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Om Pal Sharma, Advocate for the petitioners. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Criminal Misc. No.26653 of 2011 Application is allowed. Documents (Annexure P-4 and P-5) are taken on record. Criminal Misc. No.M-11846 of 2011 On an oral prayer made for preponement of the main petition, which is fixed for 19th May, 2011, the same is taken up for hearing today. Present petition under Section 482 Cr.P.C. has been filed by husband, his parents and brothers seeking quashing of a complaint (Annexure P-1) and the summoning order (Annexure P-2) passed by the Court of Judicial Magistrate (1st Class), Patiala. Petitioner No.1-Raj Kumar @ Kala was married with the respondent on 23rd January, 2005. The aggrieved wife has filed a complaint alleging that she has been harassed and the accused are guilty of inflicting cruelty upon her. It is further stated that the petitioners have also retained Istri Dhan of the aggrieved wife. Criminal Misc. No. M-11846 of 2011 (O&M) Counsel for the petitioners, after arguing for some time, prays that he may be permitted to withdraw the present petition with a liberty to raise all arguments available to the petitioners in accordance with the provisions of law before the trial Court at an appropriate stage. As prayed, dismissed as withdrawn, with liberty aforesaid. Learned counsel has further made an alternative prayer that personal appearance of the parents of petitioner No.1, being old persons, and his brothers, being unnecessarily dragged into the litigation, be exempted before the trial Court during the pendency of trial. I find merit in the alternative prayer made by counsel for the petitioners. Accordingly, personal appearance of petitioners No.2 to 5, is exempted before the trial Court 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 May 17, 2011 rps 2