JUDGMENT :

MITALI THAKURIA, J.

1. Heard Mr. A. Lal, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor representing the State respondent and Mr. S. Banik, learned counsel for the respondent No. 2.

2. This petition is filed under Section 482 read with Sections 397, 399, 401 of the code of Criminal Procedure, 1973, praying for quashing of the C.R. case No. 104/17, which is pending before the Court of learned Judicial Magistrate First Class, Morigaon, Assam as well as order dated 15.12.2017, passed in the aforesaid C.R. Case No. 104/17.

3. The brief facts leading to the filing of the present petition is that:

3.1. The respondent No. 2 and the petitioner are husband and wife, and their marriage was solemnized on 12.12.2014, as per Hindu rites and rituals. On 13.09.2015, a girl child was born out of the wedlock and at present the daughter is residing with the petitioner.

3.2. The respondent No. 2 filed a criminal complaint against the petitioner for alleged commission of offence under Sections 466/468/469 of the IPC, before the Court of learned Chief Judicial Magistrate, Morigaon, Assam and the same was registered as C.R. Case No. 104/2007. I