Syamal Kanti Chakrabarti, J

The present revisional application under Section 482 Cr.P.C. is directed for quashing the proceedings being Misc. Case No. 180/2010 corresponding to T.R. Case No. 85/2010 under Section 12 of the Protection of Women From Domestic Violence Act, 2005 now pending before the 5th Court of Learned Judicial Magistrate, Srirampore at District Hooghly.

2. The petitioner contends that he is a school teacher and married O.P. No. 1 in the month of May, 1994 according to Hindu Rites and Customs and thereafter led conjugal life with her at 21, Library Lane, P.S. Srirampore, District – Hooghly, A female child was born out of their wedlock. Subsequently O.P. No. 1 suffered from various ailments and lastly on 26.01.2010 father of O.P. No. 1 took her at the paternal house and on 29.01.2010 their daughter was also taken to her paternal house but subsequently she has declined to come back. So he has filed a suit for restitution of conjugal rights being MAT Suit No. 176 of 2010 on 23.02.2010. In the meantime the O.P. No. 1 filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 seeking the reliefs under Sections 17 / 19A /