JIT SINGH Vs. SURJIT KAUR

JUDGEMENT

(1.) THIS is a petition filed by Jit Singh under Section 482 of the Code of Criminal Procedure for quashing the order dated 22.5.1989 of the Additional Sessions Judge, Faridkot as also the order dated 26.8.1988 of the Sub Divisional Judicial Magistrate, Moga.

(2.) THE brief facts of the case areas under : The respondent filed an application under section 125 Cr. P.C. against the petitioner on 19.9.1983 which was decided on 3.5.1986 by the Sub Divisional Judicial Magistrate, Moga. The parties having compromised, the Magistrate passed an order in terms thereof. The following extract from that order shows the nature and terms of the compromise :

(3.) ON 19.9.1988 the respondent moved an execution application before the Court of Sub Divisional Judicial Magistrate claiming maintenance for the period 3.10.87 to 3.10.88. She sought attachment of the property of the present petitioner for recovery of the amount allegedly totalling Rs. 1,800/ -. The prayer of the respondent was opposed by the petitioner who filed objections contending, inter -alia that the respondent having not come upto the terms of the compromise dated 3.5.1986 she was not entitled to the recovery of the amount claimed.