IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.178 of 2010 (O&M) Date of decision: 7th February, 2011 Satnam Singh and another … Petitioners Versus State of Punjab … Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Onkar Singh Batalvi, Advocate for the applicant-petitioners. Ms. Bhavana Gupta, Deputy Advocate General, Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) The marriage of Jarnail Singh was solemnized with Anu daughter of Kanwal Kishore on 5th March, 2006. It is stated that due to the differences, the marriage between Jarnail Singh and Anu is in doldrums. Anu has got registered a case FIR No.129 dated 03.11.2008 at Police Station Kathu Nangal, District Amritsar under Sections 498-A and 406 IPC. Petitioner Amarjit Kaur is (Bhua) sister of Amrik Singh, father of Jarnail Singh. Petitioner Satnam Singh is her husband. Counsel for the petitioners states that being the distant relations, the petitioners have been unnecessarily dragged in the present litigation and no dowry article was handed over to them. It is further submitted that an enquiry was held, wherein the petitioners were found innocent. This Court cannot doubt the contentions of counsel for the petitioners that there is a tendency in cases under Sections 406 and 498-A Criminal Revision No.178 of 2010 (O&M) IPC to involve the relations, but at the same time the allegations are required to be examined by the trial Court, as the investigating agency has now filed a challan against the petitioners under Section 173 Cr.P.C. However, considering the relationship of the petitioners, their personal appearance 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. With the observations made above, present revision petition is disposed of. Nothing said in this order, shall be construed as an expression on the merits of the case. [KANWALJIT SINGH AHLUWALIA] JUDGE February 7, 2011 rps 2