AJAY KUMAR Vs. SOMA KUMAR (DAS)

JUDGEMENT

(1.) This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 filed by the petitioner praying for an order to quash the proceedings being Miscellaneous Case No.3786/2014 under Section 125 of the Code of Criminal Procedure, 1973 pending before the Learned Judicial Magistrate, 2nd Court, Barasat. Petitioner has also prayed for quashing of the proceedings in respect of Miscellaneous Execution Case No.2 of 2016 under Section 125(3) of the Code of Criminal Procedure arising out of an order of maintenance passed in Miscellaneous Case No.3786/2014 under Section125 of the Code of Criminal Procedure.

(2.) The present petitioner was the opposite party of the proceedings being Miscellaneous Case No.3786 of 2014 under Section 125 of the Code of Criminal Procedure filed by the present opposite party claiming for her maintenance. That application for maintenance was allowed ex parte on 24.08.2015 directing the present petitioner to pay maintenance to the opposite party at the rate of Rs.5,000/- per month from the date of the filing application for maintenance. In the said order it was specifically mentioned that the opposite party i.e the present petitioner had the opportunity to contest the case. Present petitioner i.e the opposite party of that maintenance case appeared after the receipt of the notice but subsequently abandoned the case and consequently the case proceeded ex parte against him.

(3.) On 05.01.2016 the present opposite party initiated proceeding i.e Miscellaneous Execution Case no.2/2016 under Section 125(3) of the Code of Criminal Procedure for recovery of arreas maintenance of Rs.85,000/- for the period from 22.07.2014 to 21.12.2015 at the rate of Rs.5,000/- per month from the present petitioner who is the opposite party of that case.