IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-12081 of 2008 Date of decision: 14th January, 2009 Satinder Kaur … Petitioner Versus State of Punjab and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Vikas Bahl, Advocate for the petitioner. Mr. Anter Singh Brar, DAG Punjab for the State. Mr. Harinder Kumar, Advocate for Mr. P.S.Khurana, Advocate for respondent No.2. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of the FIR No. 94 dated 20.06.2005 registered at Police Station Sarabha Nagar, District Ludhiana, under Sections 406, 498-A, 465 read with Section 34 IPC. Counsel for the petitioner submits that petitioner is married elder sister of husband Harminder Singh Dalla. Petitioner was married with Manjit Singh on 4th May, 1996. Her brother Harminder Singh Dalla was married on 10th October, 1997 with Kulvir Kaur. It is stated that after the marriage, both Harminder Singh Dalla and Kulvir Kaur had migrated to Canada. It has been further submitted that Kulvir Kaur and Harminder Singh Dalla had obtained a decree of divorce from the Superior Court of Justice, Ontario on 17th September, 2005. Counsel further submits that Kulvir Kaur is residing in Canada. Therefore, he is seeking quashing of the Criminal Misc. No. M-12081 of 2008 FIR No. 94 dated 20.06.2005 registered at Police Station Sarabha Nagar, District Ludhiana, under Sections 406, 498-A, 465 read with Section 34 IPC. Mr. Anter Singh Brar, DAG Punjab appearing for the State has submitted that in the present case, husband has been declared proclaimed offender. He further submits that in the present case, charge has been framed and statement of one witness has been recorded. He submits that since the trial is in progress and evidence of the witness has been recorded, present petition for quashing of the FIR cannot be accepted. At this stage, Mr.Vikas Bahl has stated that he is conscious that the trial is progressing, therefore he states that taking into consideration that the petitioner is a lady and is having children, her personal appearance, before the trial Court may be exempted. He further submits that he will not press the present petition and he may be permitted to raise all arguments before the trial Court at appropriate stage. Taking into consideration the submissions made by Mr.Vikas Bahl, personal appearance of the petitioner, before the trial Court, is exempted, subject to her filing an undertaking that she shall cause her appearance as and when required by the trial Court. She shall also file an undertaking that the evidence, if any, recorded in her absence but in the presence of her counsel, shall be binding upon her. The trial Court may incorporate any other conditions in the undertaking to be submitted by the accused. As prayed, present petition is dismissed as withdrawn, with liberty aforesaid. [KANWALJIT SINGH AHLUWALIA] JUDGE January 14, 2009 rps 2