IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc M-6185 OF 2009 Date of decision: 4.3.3009 Sukhpreet Singh and ors …Petitioners Versus State of Punjab and ors …Respondents Present: Mr TPS Tung, Advocate for the petitioners. S.S.SARON, J. This petition has been filed seeking quashing of FIR dated 24.5.2007 (P1) registered against the petitioner for the offences under Sections 406 and 498-A, IPC. During the course of hearing, it has been brought out that charge in the case has been framed and the case is fixed for evidence of the prosecution. The order framing charge has not been assailed in this petition. The only contention raised by the learned counsel for the petitioner is that as per the allegations made in the FIR, it has been alleged by the complainant – Kulwinder Kaur that she stayed in her matrimonial home for about 2 months and that during her stay, her life was made miserable. It is submitted that the allegations of harassment and dowry could not have been levelled when the stay of the complainant was barely for 2 months. After hearing the contentions of the learned counsel, in my view the said contentions as raised may be raised before the trial Court after evidence has been led. This Court, in exercise of its inherent jurisdiction, is Cr Misc M-6185 of 2009 2 not to embark upon an inquiry to ascertain whether in the circumstances mere stay of 2 months by the wife in her matrimonial home would amount to the offences as have been alleged. Besides, as already noticed, the order framing charge has not been assailed in this petition. In the circumstances, there is no merit in this petition and the same is hereby dismissed. The learned counsel then submits that Harpreet Kaur (petitioner-2) is a lady and her personal presence before the trial Court may be exempted. Petitioner-2 may move an application in this regard before the trial Court itself and in case such an application is made, the trial Court shall exempt her personal appearance on such terms and conditions as may be deemed proper which shall, however, include that she shall have no objection to the recording of evidence in her absence; that she would be represented by a counsel and she would be present in Court on the material dates when her presence is required. 4.3.2009 ( S.S.SARON ) ASR Judge