VINAY PARVATHIKAR Vs. RASHMI ANKOLEKAR

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner.

(2.) Petitioner has challenged the order dtd. 22/9/2020 and the order dtd. 5/1/2021 passed by the Principal Senior Civil Judge and CJM, Chikkamagalur, rejecting his application under Sec. 70(2) of Cr.PC and issuing NBW against him in Crl. Misc. No.2/2018 and also to quash the entire proceedings in the said case.

(3.) Brief facts of the case that would be relevant for the purpose of disposal of this petition are, petitioner and the respondent are husband and wife. Their marriage was solemnized on 17/4/2006 and from the wedlock they have got a daughter who was born on 18/5/2007. Since the petitioner had failed to maintain and take care of his wife and daughter, proceedings under Sec. 125 Cr.PC was filed by the respondent before the Principal Civil Judge & CJM, Chikkamagalur, and in the said proceedings, the petitioner was directed to pay monthly maintenance of Rs.5,000.00 to the respondent-wife and Rs.3,000.00 to the daughter from the date of petition till further orders. Petitioner, who is the Manager in a Company, had failed to pay the said amount, and therefore, for recovery of the said amount, the respondent-wife had initiated proceedings in Crl. Misc. No.2/2018 and Crl. Misc.No.28/2019. The dispute between the parties was amicably settled and the petitioner had agreed to pay a sum of Rs.11,00,000.00 towards full and final settlement on 11/10/2019. However, the petitioner failed to pay the said amount of Rs.11,00,000.00 to the respondent-wife inspite of he agreeing to pay the said amount. Therefore, the respondent had moved the learned Magistrate in Crl. Misc. No.2/2018 and NBW was issued against the petitioner. Petitioner's application filed under Sec. 70(2) of Cr.PC for recalling NBW was rejected and a fresh NBW was issued. Challenging the said order and also praying to quash the entire proceedings, petitioner has approached this Court in this petition.