JUDGMENT :

Satyen Vaidya, J.

By way of instant petition, petitioners have prayed for quashing of FIR No. 33 of 2017, dated 15.2.2017, registered at Police Station Sadar, Una, District Una, H.P. under Sections 498-A, 323 and 34 of Indian Penal Code (for short, ‘IPC’) and consequent criminal proceedings arising therefrom i.e. Criminal Case No. 320 of 2017, pending in the Court of learned Additional Chief Judicial Magistrate, Una, District Una, H.P.

2. Respondent No.2 was married to petitioner No.4 on 28.9.2014. Their relationship got estranged and respondent No.2 left her matrimonial home in the year 2016. On 15.2.2017, on the complaint of respondent No.2, FIR No. 33 was registered against all the petitioners under Sections 498-A, 323 and 34 IPC at Police Station Sadar Una, District Una, H.P. On completion of investigation, investigating agency submitted report under Section 173 Cr.P.C. before the court of competent jurisdiction. The trial is pending against the petitioners.

3. On 31.12.2019 respondent No.2 and petitioner filed an application before the learned Family Court, Kangra at Dharamshala for dissolution of their marriage by mutual consent under Section 13-B of the Hindu Marriag