Anita Chaudhry, J. - (1.) The petitioners seek quashing of order dated 06.09.2008 (Annexure P -1), vide which the petitioners were declared proclaimed offenders.
(2.) It is necessary to give the backdrop. An FIR was registered on the complaint of Baljit Kaur, wife of petitioner No. 1. FIR No. 41 dated 11.03.2008 was registered under Sec. 420, 498A, 34 IPC at Police Station Banga, District Nawanshahar. Mandeep Singh and Baljit Kaur were married in 2002. A complaint was given to the police in 2007. The petitioners were declared proclaimed offenders on 06.09.2008.
(3.) The petitioners have pleaded that they were known persons and had been regularly visiting their village and no written proclamation was served upon them and wrong facts were placed before the Court. It was pleaded that they had their house in Rahipa, District Nawanshahar and their relatives were residing in the village and the complainant was aware of their address and were never served. It was pleaded that they had been divorced. She had deliberately not given the UK address. It was pleaded that petitioner No. 1 was in the country from April, 2004 to January, 2007, petitioner No. 2 was in India from January, 2007 to October, 2007 and petitioner No. 3 was in India on 24.10.2008. It was pleaded that the complainant had got a divorce on 15.10.2011 and they had placed the copy of divorce decree (Annexure P -2). It was pleaded that the divorce decree was passed in the presence of complainant and all disputes had been settled and a sum of 4,000 pounds was paid in terms of the settlement. It was pleaded that the complainant was then working in U.K. and the FIR had been lodged just to extract more money.;