HONOURABLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION No.4871 of 2011 Dated 22.6.2011 Between: Dulipala Vijaya Nirmala and another. …Petitioners. And: The State of Andhra Pradesh, represented by its Public Prosecutor, High Court of A.P., Hyderabad and another. …Respondents. HONOURABLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION No.4871 of 2011 ORDER: Heard the petitioners’ counsel and the Public Prosecutor. 2. Petitioners are stated to be A.4 and A.5 in C.C.No.415 of 2010 on the file of the II Additional Judicial First Class Magistrate, Kovvur. 3. The offences are those punishable under Section 498 (A) I.P.C. 4. The Charge Sheet shows that it does contain the allegations against these petitioners also. In the decision of the apex Court given in K.NEELAVENI v. STATE REPRESENTED BY INSPECTOR OF POLICE AND OTHERS ([1]), it has been held that accused should first resort to the provisions of the Cr.P.C. which provide for discharge and the High Court should not interfere where accused can apply before the concerned Magistrate for discharge. 5. In the above circumstances and having regard to the allegations made against the petitioners, it follows that relief of quashing the case against these petitioners cannot be granted. 6. It shall however be open for the petitioners to make an application for discharge before the trial Court and as and when such application is made, the trial Court shall dispose of the same in accordance with law. Further as offence is under Section 498 (A) I.P.C., which is compoundable and as parties may at any time compromise and live together, the presence of these two petitioners before the Court for every date of hearing is dispensed with and they can be represented by their counsel. It shall be open for the trial Court however to order their presence before it whenever it considers necessary. 7. Accordingly, this Criminal Petition is disposed of. ____________________________ Justice N.RAVI SHANKAR Dated 22.6.2011. Dvs HONOURABLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION No.4871 of 2011 Dated 22.6.2011 [1] AIR 2010 SC 3191