ORDER :

(Yogendra Kumar Srivastava, J.)

1. Heard Sri T.N. Tiwari, learned counsel for the applicant and Sri Pankaj Saxena, learned Additional Government Advocate-I appearing along with Ms. Sushma Soni, learned Additional Government Advocate for the State-opposite party.

2. The present application under Section 482 of the Code of Criminal Procedure, 1973,[the code] has been filed seeking to quash the proceedings of Execution Case No. 47 of 2018 (Shahar Bano Vs. Usman alias Bhai Lal) under Section 128 of the Code, Police Station-Sarai Mamrej, District Allahabad along with orders dated 13.02.2021/15.02.2021 passed by learned Additional Principal Judge, Family Court, Court No. 1, Allahabad.

3. The facts of the case as per the pleadings in the affidavit are to the effect that an application under section 125 of the Code filed by the opposite party No. 2 was allowed by means of an ex-parte order dated 06.08.2015 with a direction to make payment of a monthly allowance of Rs. 1,000/- for life to the opposite party No. 2, and monthly allowance of Rs. 500/- each to the opposite party Nos. 3, 4, 5 and 6, till they attain majority.

4. Proceedings for enforcement of the aforesaid order of maintenance under section 128 of the Code were initiated pursuant to an application dated 14.9.2018, registered as Execution Case No. 47/2018 wherein a prayer was made for recovery of the amount.

5. The order sheet of the execution proceedings, which has been placed on record, indicates that pursuant to a recovery warrant issued in the execution proceedings, the applicant appeared before the court and filed an application expressing his willingness to deposit fifty per cent of the amount due and pursuant thereto an order dated 13.12.2019 was passed directing that fifty per cent of the amount due i.e. Rs. 77,000/- be deposited and the remaining amount be deposited in instalments. It appears that in respect of recovery of the balance amount, an order dated 13.02.2021/15.02.2021 was subsequently passed. It is at this stage, that the present application under section 482 of the Code has been filed seeking quashing of the order dated 13.02.2021/15.02/2021 and also the entire proceedings of the Execution Case.

6. The principle ground which has been sought to be canvassed on behalf of the applicant to assail the proceedings of the Execution Case are that the order under section 125(1) having been passed on 06.08.2015, the proceedings for enforcement of the order initiated under section 128 of the Code pursuant to the application dated 14.09.2018 would be barred by limitation being beyond the period of one year from the date of order under section 125(1). In this regard, he has sought to place reliance upon the proviso to sub-section (3) of section 125.

7. Learned Additional Government Advocate-I submits that the limitation prescribed under the proviso to sub-section (3) of section 125 would be applicable in respect of proceedings to be initiated under section 125(3) and would not apply to proceedings for enforcement of the order under section 128 of the Code, and accordingly quashment of the proceedings of the Execution case cannot be sought on this ground.

8. The ambit and scope of the powers to be exercised under Section 125(3) of the Code and the question as to whether the limitation prescribed under proviso to Section 125(3) would be applicable in respect of proceedings under Section 128 of the Code, fall for consideration in the present case.

9. In order to appreciate the rival contentions, the scheme provided under the Code for making orders for maintenance of wife, children and parents under Chapter IX would be required to be adverted to. The relevant provisions under Sections 125 to 128 are being extracted below:-

"125. Order for maintenance of wives, children and parents.--

(1) If any person having sufficient means neglects or refuses to maintain-

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not,