IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-16812 of 2011 (O&M) Date of decision: 27th May, 2011 Amita Sharma and another … Petitioners Versus State of Punjab and another … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Baljinder Singh Sra, Advocate for the petitioners. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. with a prayer that case FIR No.174 dated 15.05.2007 registered at Police Station Sadar, Amritsar under Sections 406 and 498-A IPC be quashed. Petitioner No.2 is elder brother of Deepak Sharma, husband of the complainant Mamta-respondent No.2 (the aggrieved wife). The impugned FIR was lodged at the instance of the aggrieved wife. Counsel for the petitioners has stated that the trial Court after examining the report under Section 173 Cr.P.C. has framed the charge against the petitioners under Sections 406 and 498-A IPC. The order framing charge has not been placed on record. After hearing counsel for the petitioners, present petition is disposed of with a liberty to the petitioners to raise all arguments available to them under law before the trial Court at an appropriate Criminal Misc. No. M-16812 of 2011 (O&M) stage. However, considering the relationship of petitioners with the complainant-aggrieved wife, 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. [KANWALJIT SINGH AHLUWALIA] JUDGE May 27, 2011 rps 2