RAKESH KUMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heardlearnedcounsel for the applicants and learnedA.G.A.for theState.

(2.) The instant application has been filed seeking the quashing of the recovery warrant and non-bailable warrant dated 27/10/2023aswell asthe entire proceeding of Criminal Misc. Case No. 35 of 2023 (Smt. Beauty Singh @ Avni vs. Rakesh Kumar Singh and others), u/s 31 Protection of Women from Domestic Violence Act, 2005 (hereinafterreferred to as "Domestic Violence Act"), P.S. Bisrakh, District Gautam Buddh Nagar, pending before Civil Judge (J.D.)/F.T.C., court No.2, Gautam Buddh Nagar.

(3.) The facts giving rise to the present case are that opposite party No.2 had married to applicant No.1, andmatrimonialdiscord between them culminated into the impugned proceeding. Opposite party No.2filed an applicationu/s 12 Domestic Violence Act against the present applicants, which was allowed on 15/11/2022 ex parte against the applicants with direction to applicant No.1 to pay the compensation of Rs.1.00 Lakh and also Rs.25,000.00 per month as maintenance to opposite party No.2. When the applicant did not pay the amount in pursuance of the order dtd. 15/11/2022 passed by Civil Judge (J.D.)/FTC,CAW, Gautam Budh Nagar, then opposite party No.2 filed an execution application No. 35 of 2023 in which notices were issued to applicants. When, despite service of notice, the applicants neither appeared before the court nor paid any amount in pursuance of the order passed u/s 12 Domestic Violence Act, then a recovery warrant dtd. 26/6/2023 was also issued against applicant No.1, who is the husband of opposite party No.2.Thereafteron 27/10/2023 recovery warrant along with non-bailable warrant was also issued against opposite party No.1 then in execution of non-bailable warrant applicant No.1 was arrested andthereafterreleased on bail by order dtd. 1/12/2023 with direction to pay the remaining amount. In the present case, the applicants have challenged the execution proceedingas well asthe order dtd. 1/12/2023.