ROMA Vs. SUKHWANT SINGH @ SUKHA AND ANOTHER

JUDGEMENT

(1.) Challenge in this petition is to the order dated 14.06.2010 (Annexure P7), passed by the Sub Divisional Judicial Magistrate, Nakodar, dismissing the complaint filed by the petitioner qua Sukhwant Singh and Jagir Singh, respondents no.1 and 2. and the order dated 01.11.2011 (Annexure P9), passed by learned Additional Sessions Judge, Jalandhar, dismissing the revision.

(2.) The petitioner had filed an application under Section 125 of the Code of Criminal Procedure for grant of maintenance, which was allowed. Her husband, Jaswinder Singh, did not make any payment. On 08.08.2001, she filed a complaint against her husband and other family members for commission of the offences punishable under Sections 406 and 498-A, IPC. In the said complaint, Jaswinder Singh was declared proclaimed offender vide order dated 12.04.2005. According to the allegations in the complaint, the petitioner had been was residing at her parent's house since April, 2001. In May, 2006, she shifted over to her matrimonial house in village Gehlewal, near Ludhiana, alongwith her infant child. When Jaswinder Singh came to know about the said fact, he secretly came to the house and intimidated her and asked to vacate the house.

(3.) However, she did not bother to the threats. Thereafter, Sukhwant Singh @ Sukha and Jagir Singh, respondents no.1 and 2, on the asking of Jaswinder Singh, husband of the petitioner, approached the petitioner to settle the matter. They offered a lump sum amount of Rs.3,00,000/- as maintenance and she (petitioner) agreed to vacate the house. Respondents no.2 & 3 gave assurance to her for making the payment of Rs.3,00,000/-. In the month of April, 2007, she vacated the house. The respondents got her signatures on an application dated 11.04.2007 for withdrawal of the execution petition.