120
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM No.M-29155 of 2017
Date of decision: 10.08.2017
Harjot Kaur
….Petitioner
Versus
State of Punjab and another
….Respondents
CORAM: HON’BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present: Mr. Gurcharan Dass, Advocate
for the petitioner.
ARVIND SINGH SANGWAN J. (Oral)
The petitioner prays for quashing of FIR No.44 dated
28.05.2013 registered under Sections 406 IPC and 4 of the Dowry
Prohibition Act at Police Station Koom Kalan, District Ludhaina; report
under Section 173 Cr.P.C. dated 30.08.2013 and order framing charge
dated 05.11.2014.
At the very outset, learned counsel for the petitioner
restricts his arguments only to the extent of seeking exemption of
personal appearance of the petitioner, who is a lady aged 47 years, on
the ground of in-distant relation of Gurjant Singh, with whom the
alleged engagement of the complainant had taken place. It is further
submitted that the petitioner is a resident of village Kotla Ajner, District
Fatehgarh Sahib and it is difficult for her to appear before the trial
Court on each and every date of hearing.
Since, conclusion of the trial may take some time and
considering the fact that the petitioner is a resident of village Kotla
Ajner, District Fatehgarh Sahib, personal appearance of the petitioner
shall remain exempted on filing an application under Section 205
1 of 2
12-08-2017 18:49:34 :::
Cr.P.C. before the trial Court. The trial Court shall grant exemption to
the petitioner – Harjot Kaur from personal appearance on the condition
that she will be represented through her counsel and will not object to
any evidence being produced during the course of trial by the
complainant and she will appear before the trial Court as and when
required for the purpose of admission or denial of any documents.
However, it will be open for the trial Court to seek personal appearance
of the petitioner, if her counsel do not co-operate or fail to appear on
her behalf.
Disposed of accordingly.
(ARVIND SINGH SANGWAN)
JUDGE
10.08.2017
yakub
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
2 of 2
12-08-2017 18:49:35 :::
