JUDGMENT :

Syed Aftab Husain Rizvi, J.

1. Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.

2. This criminal misc. application U/s 482 Cr.P.C. is filed to quash the impugned order dated 05.08.2021 passed by Principal Judge Family Court, Bijnor in case no.868 of 2019 (Sudha Devi vs. Lav Kumar) under Section 128 Cr.P.C. By the impugned order, the learned court below has allowed the application U/s 128 Cr.P.C. filed by opposite party no.2 for recovery of arrears of Rs.36,000/- from 06.01.2011 to 06.01.2013 and consequently issued recovery warrant.

3. The opposite party no.2 instituted a proceeding under Section 125 Cr.P.C. for maintenance which was allowed on 19.01.2000 and Rs. 500/- per month maintenance allowance was granted in favour of the opposite party no.2. Later on she moved an application No.71 of 2005, under Section 127 Cr.P.C. for enhancement of maintenance and this application was allowed on 25.11.2009 and maintenance was enhanced from Rs. 500/- to Rs. 3000/- per month. Thereafter the opposite party no.2 moved an application no.14 of 2013 under Section 128 Cr.P.C. for recovery of arrears of maintenance from 06.01.2011 to 06.