JUDGMENT :

Shampa Dutt Paul, J.

1. The present revision has been preferred praying for quashing of the proceeding relating to Misc Case No. 40 of 2017, now pending for disposal before the Learned Judicial Magistrate, Amta, for the offence punishable under Section 12 and 23 of the protection of the women from Domestic Violence Act.

2. The petitioner/husband’s case is that the opposite party no. 2 was married to the petitioner accordingly to Hindu rites and customs on 24th day of Baishak 1407 B.S. and the said marriage was a negotiated one. After few days of marriage the opposite party no. 2 alleged, that she was subjected to torture by her husband, and the petitioner along with his mother are alleged to have assaulted her with a bamboo and have taken away the children of the opposite party no. 2 who are at present aged 14 years and 9 years respectively. The son of the opposite party no. 2 happens to be a special child and as the petitioner avoided to maintain his family, the parents of the opposite party no. 2 tried to intervene and solve the problem but on 20.07.2013 the opposite party no. 2 was again assaulted by the petitioner and his family. The petitioner though alleged to be earn