Criminal Misc. No. M-10866 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-10866 of 2009 Date of Decision: 22.4.2009 Pardeep Aggarwal and Another …Petitioners Versus State of Punjab and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Jitender Singh Dadwal, Advocate for the petitioners. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been preferred under Section 482 Cr.P.C., seeking quashing of complaint dated 12.7.2008 (Annexure P1) titled as “Sonia V. Pankaj Aggarwal and Others” and summoning order dated 7.1.2009 (Annexure P2) passed by the Sub Divisional Judicial Magistrate, Rajpura. Counsel for the petitioners has submitted that petitioner No.1 is elder brother of Pankaj Aggarwal, husband of the complainant, whereas petitioner No.2 is wife of Pardeep Aggarwal, petitioner No.1. It is stated that there is no specific allegation against the petitioners. The statement of witnesses examined as preliminary evidence has not been placed on record. Even otherwise, the witness can improve and a fact of improvement is subject matter of appreciation of Criminal Misc. No. M-10866 of 2009 2 evidence. Therefore, no interference is warranted while exercising powers under Section 482 Cr.P.C. Hence, the present petition is dismissed. Counsel for the petitioners further submits that taking into consideration relationship of the parties, personal appearance of the petitioners be exempted before the trial Court. I find merit in this contention of counsel for the petitioners. Accordingly, 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. (Kanwaljit Singh Ahluwalia) Judge April 23, 2009 “DK”