Paran Kumar Phukan, J.

This is an application under Section 482 of the Cr.P.C. for quashing and setting aside the proceedings in C.R. Case No. 50c/2015 which is pending in the Court of the learned Sub-Divisional Judicial Magistrate (M), Gossaigaon.

2. The facts leading to the filing of the petition in brief is that the petitioner and the respondent No. 2 are the legally married couple and the marriage between them was solemnized in the year 2000 as per Muslim customs. As a result of their co-habitation, three children were born and the eldest son is aged about 14 years. For providing proper education to his children, the petitioner who is a teacher of Panijani Nepali Bathan L.P. School, Gossaigaon, who was residing permanently with his family at Rimijhimghat moved over to a rented house with his family to Saharghutu, a village situated near Rampur and started living there in a rented house. On 18.12.2014, his wife left for her parental house at village-Satbil on the pretext of giving some money to her brother and uncle and she was supposed to come back in the evening. But she did not come back to her house in the evening and in enquiry, the petitioner came to know