JUDGMENT :

SHAMPA DUTT (PAUL), J.

1. The present revision has been preferred praying for quashing of the proceedings being Misc. Case No. 173 of 2019 under Section 125 of the Code of Criminal Procedure pending before the learned Judicial Magistrate, 3rd Court, Barrackpore, North 24 Parganas.

2. The petitioner's case is that the petitioner got married to the opposite party no. 2 on 11.02.2005 according to Hindu Rites and Customs. The first child was born out of the said wedlock on 11.05.2007. The said marriage is still subsisting.

3. In December, 2008 the wife of the petitioner left her matrimonial home along with her minor handicapped child and since then she is living with her parents. When the petitioner contacted the opposite party no. 2 to know about the issue, the parents of the opposite party no. 2 asked the petitioner to leave his house and to stay with the opposite party no. 2 and their minor child in a rented place near the parental home of the opposite party no. 2, at Ghola, Sodepur.

4. That after several fruitless efforts to resolve the issue, the petitioner served a letter to resume conjugal life with the opposite party no. 2, through his advocate, dated 21.08.2009. In reply