Criminal Misc. No. M-11629 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-11629 of 2009 Date of Decision: 29.4.2009 Gurmukh Singh and Others …Petitioners Versus State of Punjab and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Vikas Sharma, Advocate for Mr. Gurpartap Singh Gill, Advocate for the petitioners. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. seeking quashing of Criminal Complaint No. 122/1/A of 24.5.2002 titled as “Jasmer Singh v. Gurmukh Singh etc.” in which petitioners have been summoned to stand trial for offence under Sections 325, 452 & 506 IPC. Counsel for the petitioners has submitted that in the present case, injured was not medicolegally examined and there is no evidence of the complainant to state that offence, if any, falls under Section 325 IPC. Trial is at initial stage. Whether any offence under Section 325 IPC has been committed or not? will be determined during the course of trial. Taking into consideration close relationship of the parties and Criminal Misc. No. M-11629 of 2009 2 the fact that they are involved in civil litigation, personal appearance of the petitioners is exempted before the trial Court subject to filing an undertaking that they shall cause appearance as and when required and the evidence recorded in their absence but in the presence of their counsel shall be binding upon them. Trial Court may also specify any other condition in the undertaking to be furnished by the petitioners. On the furnishing of undertaking, the personal appearance of petitioners shall stand exempted. However, no ground for quashing of complaint and summoning order is made out as the argument that petitioners cannot be summoned until medical evidence is proved, cannot be adjudged at this stage. Another argument that the present complaint and the summoning order are the counter-blast to the civil litigation, is also to be determined after the parties adduce evidence. Dismissed. (Kanwaljit Singh Ahluwalia) Judge April 29, 2009 “DK”