JUDGMENT :

Heard Mr. A.R. Bhuyan, learned counsel for the petitioner; Mr. R. J. Barua, learned Addl. P.P. for the State respondent No. 1; and Mr. M.K. Das, learned counsel for opposite party No.2.

2. In this petition, u/s 482 of the Cr.P.C. the petitioner, namely, Anowar Hussain has prayed for quashing and setting aside the proceeding in Misc. Case No. 166/2021, u/s 12 of Protection of Women from Domestic Violence Act, 2005 instituted by the opposite party No. 2, pending before the court of learned Judicial Magistrate 1st Class, Kamrup (M) Guwahati.

3. It is to be noted here that Misc. Case No. 166/2021, u/s 12 of Protection of Women from Domestic Violence Act, 2005 is instituted by opposite party No. 2, Mustt. Sufia Begum.

4. The background facts leading to filing of the present petition is adumbrated herein below:

“The petitioner Md. Anowar Hussain got married with the opposite No. 2, on 09.04.1987, as per Islamic rights and rituals and thereafter, lived together as husband and wife at Six Mile, Darandha, Guwahati and out of their wedlock, a female child namely, Nilofar Hussain, born on 27.02.1989. After few years, marital discord surfaced between the petitioner and the opposite part