IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.56834-M of 2006 Date of decision: 6th April, 2010 Jagjit Singh and others … Petitioners Versus State of Punjab and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Naveen Sharma, Advocate for Mr. S.P.S. Sidhu, Advocate for the petitioners. Mr. Mehardeep Singh, Deputy Advocate General, Punjab for respondent No.1. None for respondent No.2. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.21 dated 15.02.2006 registered at Police Station Ferozepur Cantt. under Sections 406/498-A/494 IPC. The present petition was filed in September, 2006. Only notice of motion was issued and the proceedings were not stayed. Mr. Mehardeep Singh, Deputy Advocate General, Punjab appearing for the State, has submitted that during the pendency of the present petition, trial has proceeded and the evidence of witnesses has been recorded. In view of the statement made by counsel for the State, this Court is of the opinion that once the trial has progressed, it can only culminate in acquittal or conviction of the accused, therefore, the present Criminal Misc. No.56834-M of 2006 petition for quashing cannot be entertained by this Court. However, since the present petition is pending since year 2006, personal appearance of the petitioners 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. Petitioners will be at liberty to raise all arguments, available to them under provisions of law, before the trial Court, including those which have been raised in the present petition. With the observations made above, present petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE April 6, 2010 rps 2