JUDGMENT :

Ajay Kumar Gupta, J.

1. The petitioner being the husband of opposite party no. 1 has filed this application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973 seeking quashing of the proceeding being A.C. 2391 of 2022 filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short ‘PWDV Act’) presently pending before the Court of Learned 5th Magistrate, Alipore and also praying for setting aside the orders passed therein in connection with the aforesaid proceeding.

2. The factual matrix of the instant case for filing this Criminal Revisional application is as under:

2a. The petitioner and opposite party no. 1 were the husband and wife and their marriage was held on 17.04.2009 according to the provision of Special Marriage Act, 1954. After marriage, they started residing at matrimonial home and one female child was born on 20th May, 2010. The disputes arose between the parties from the very inception of the marriage over trivial issues. The opposite party no. 1 alleged that the petitioner being a habitual drunkard used to abuse and insult the opposite party no. 1 and her family members and further denied basic necessi