ORDER :

Meenakshi Madan Rai, J.

1. By filing this Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, Cr.P.C.), the Petitioner No.1 and the Petitioner No.2, being husband and wife, seek quashing of the FIR filed by the Petitioner No.2 against the Petitioner No.1, registered at the Sadar Police Station, Gangtok, as FIR No.76/2019 (sic, FIR No.78/2019) under Section 498A, 342 and 232 of the Indian Penal Code, 1860 (for short IPC), and as G.R. Case No.382 of 2019 (sic, G. R. Case No.282 of 2019), pending in the Court of the Learned Chief Judicial Magistrate, East Sikkim, at Gangtok.

2. Briefly narrated, the Petitioners’ case is that, they were married on 12-12-2012 in Bihar according to Muslim rites and ceremonies and from the wedlock they have one daughter, now aged about 6/7 years. As the Petitioners were incompatible they started drifting apart which consequently led to an irretrievable breakdown of their marriage and since August 2018 they have been living separately. The Petitioner No.2 lodged a written Complaint before the Sadar Police Station, Gangtok, East Sikkim, on 16-06-2019, informing therein that the Petitioner No.1 after their marriage initially t