JUDGMENT :

1. This revisional application for quashing the criminal proceeding being C. case no. 865 of 2016 dated 20.4.2016 has been initiated under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short, DV Act, 2005) now pending in the court of learned Judicial Magistrate, 2nd Court, at Barasat, North 24 parganas.

2. The petitioner’s case is that the petitioner and the opposite party no. 2 were married according to the Muslim Shriat Law on November 20, 2011 and after marriage they were residing at Rajarhat, New Town. Few days after marriage, the opposite party No.2 started to misbehave with the petitioner without any reason and the petitioner was subjected to insult by the opposite party no.2 every now and then. Subsequently, on February 15, the opposite party with her minor child voluntarily left her matrimonial home and since then she is residing at Baguiati.

3. Ultimately finding no other alternative, on 19.1.2016, the petitioner gave divorce to his wife through Talaknama as per provision of Muslim Personal Law and the same was accepted by opposite party no. 2. Moreover, the due amount towards Iddat has also been sent to opposite party no. 2 after disso