IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No. M-28756 of 2008 Date of Decision: 3 - 2 - 2009 Gurinderjit Kaur .....Petitioner v. State of Punjab and another .....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Veneet Sharma, Advocate for the petitioner. Mr.A.S.Brar, DAG, Punjab. Mr.Sarjit Singh, Sr. Advocate with Ms.Poonam Sambhar, Advocate for respondent No.2. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) The present petition has been filed under Section 482 Cr.P.C. for quashing order dated 17.11.2005 passed by the Judicial Magistrate Ist Class, Amritsar vide which the petitioner was summoned to face trial in FIR No.169 dated 24.11.2001 registered at Police Station Islamabad, Amritsar under Sections 406, 498-A, 506, 34 IPC and order dated 18.10.2008 passed by the Additional Sessions Judge, Amritsar along with all consequential proceedings. There are specific allegations against the petitioner in the complaint Annexure P-6. It is stated that she maltreated the complainant during pregnancy. She had not permitted the petitioner to give a telephone call to her parents and whenever she made a telephone call, telephone was snatched by her. Counsel for the petitioner has submitted that petitioner is wife of elder brother of the husband of complainant Amandeep Kaur. It has been stated that the petitioner never resided with Amandeep Kaur. She was married prior to the marriage of Amandeep Kaur and she stay out of Punjab. All these facts are to be proved during the course of trial. Disputed questions of facts cannot be taken into consideration in a petition under Section 482 Cr.P.C. Mr.Sarjit Singh, senior counsel assisted by Ms.Poonam Sambhar appearing for the complainant has submitted that there is is enough evidence to secure conviction of the petitioner. Since the averments made in the petition and the allegations levelled in the complaint are to be proved by the parties by adducing evidence, the present petition under Section 482 Cr.P.C. cannot be entertained. However, taking into consideration relationship of the petitioner and the fact that she is residing in Bihar, her personal appearance is exempted subject to furnishing an undertaking that she shall cause appearance as and when required by the trial Court. She shall also file an undertaking that the evidence, if any, recorded in her absence but in the presence of her counsel shall be binding upon her. The trial Court may also incorporate any other condition in the undertaking to be submitted by the accused. Petition is disposed off. ( KANWALJIT SINGH AHLUWALIA ) February 3, 2008. JUDGE RC