Considering the submissions advanced on behalf of both the sides, and more particularly, considering the order dated 5.7.2011 passed in this matter, it transpires that upon the submission being made on behalf of the applicants that the dispute between the parties has been amicable settled, and only due to non-availability of the complainant (respondent No.2 herein), the applicant could not produce the affidavit of settlement and, therefore, on the basis of such submission, notice was issued in this matter. However, pursuant to the notice, when the respondent No.2 appeared in this matter, he filed affidavit-in-reply, wherein he contested the matter and it appears that no settlement was arrived at. It further transpires that in the instant matter, the investigation was over and as submitted, the chargesheet came to be filed in December 2011.
In above view of the matter, this Court is of the opinion that the applicants are at liberty to file appropriate application before the trial Court. It is hereby made clear that in this order, no merits are examined and if at all, in future, any application would be filed by the applicants - original accused before the trial Court, the trial Court shall decide said application in accordance with law, as no merits are touched in this matter. With above observation, the instant application stands disposed of.
(J.C.UPADHYAYA, J.) (binoy) Top