VIPIN KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A. for the State.

(2.) The applicant by means of this application under Sec. 482 Cr.P.C. has invoked the inherent jurisdiction of this Court with a prayer to quash the order dtd. 30/11/2021 passed by the Principal Judge, Family Court, Kasganj in Case No. 118 of 2020 (Smt. Kaushalya @ Kaushal vs. Vipin Kumar), under Sec. 128 Cr.P.C., P.S. Kasganj, district-Kasganj. A further prayer is that a direction be issued to the court below to release the applicant from jail forthwith.

(3.) It is submitted by learned counsel for the applicant that marriage between applicant and opposite party no. 2 was solemnized on 8/12/2010. Out of the aforesaid wedlock, a baby girl was born. However, after some time, the relationship between the husband and wife became strained and incompatible. Thereafter the opposite party no. 2 has initiated several litigations against the applicant. In connection with the same, she along with her daughter filed an application under Sec. 125 Cr.P.C. before the Family Court, Kasganj, which was allowed by the Principal Judge, Family Court, Kasganj vide judgment and order dtd. 30/11/2021. It is also submitted that the applicant is a handicapped person, certificate whereof has been filed as Annexure-2 to the affidavit accompanying the application. Due to the reason he failed to comply with the order passed under Sec. 125(3) Cr.P.C. and the learned court below has issued the recovery warrant dtd. 8/10/2021, directing that the applicant shall pay a sum of Rs.1,65,000.00 (Rs. one lac sixty five thousand) to the opposite party no. 2 as maintenance w.e.f. 30/7/2017 to 19/1/2020 and in pursuance of recovery warrant the applicant was sent to jail. On 30/11/2021 the applicant was summoned by the court below and he was produced by the jail authority before the court blow and the court below had passed the order, while detaining the applicant in jail for a period of one month and directed that during detention, the applicant shall pay a sum of Rs. 5,000/-per month to opposite party no. 2, fixing next date, i.e. 2012.2021, directing the Jail Superintendent to produce the applicant again on the next date fixed.