IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-7687 of 2010 Date of decision: 23.08.2011 Shiv Kumar and Ors. ..Petitioners Versus State of Punjab and Another ..Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. Hitesh Kaplish, Advocate for the petitioners. Mr. G.S. Brar, AAG, Punjab. Mr. Amit Dhawan, Advocate for respondent No. 2. **** SABINA, J. Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973(for short 'Cr.PC') seeking quashing of FIR No. 210, dated 12.07.2007 under Sections 323, 342, 498-A, 406/34 of the Indian Penal Code (for short 'IPC') registered at Police Station City Phagwara, District Kapurthala. Petitioner Nos. 1 to 3 had filed CRM No. 45375-M of 2007 seeking quashing of FIR in question and in the said petition following order was passed by this Court on 28.01.2009. "Counsel for the petitioners after arguing for some time state that they be permitted to withdraw the present petition with liberty to raise all arguments before the trial Court as report under Section 173 Cr.P.C. has been submitted in the Court of concerned Area Judicial Magistrate. Petitioner No. 1 Shiv Kumar is father-in-law of respondent No. 2 Seema Mandla, petitioner No. 2 is mother-in-law and petitioner No. 3 is brother of the husband of respondent No. 2 Seema Mandla. Taking into consideration the relationship, their personal appearance before the trial Court is exempted subject to filing an undertaking that they shall cause appearance as and when required by the trial Court. They shall also CRM No. M-7687 of 2010 -2- file an undertaking 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 also incorporate any other condition in the undertaking to be submitted by the petitioners. Petition is allowed to be dismissed as withdrawn with liberty aforesaid". Petitioner No. 4 had filed CRM No. M-4815 of 2009 seeking quashing of the FIR in question and following order was passed by this Court on 25.02.2009. "Counsel for the petitioner submits that she be allowed to withdraw the present petition with liberty to file afresh, after the arrival of petitioner in India, on the basis of settlment arrived between the petitioner and estranged wife. As prayed, the present petition is dismissed as withdrawn with liberty aforesaid". The petitioner No. 4 had got the petition dismissed as withdrawn with liberty to file afresh one, after his arrival in India . Admittedly at this stage petitioner No. 4 is residing in Norway. Petitioner Nos. 1 to 3 had got their petition dismissed as withdrawn with liberty to take up all pleas before the trial Court. Since the petitions filed by the petitioners seeking quashing of the FIR in question had already been dismissed as withdrawn, the present petition is not maintainable. Dismissed. (SABINA) August 23, 2011 JUDGE Poonam (II)