ORDER : 1. Impugned in this petition filed under Section 482 of the Code of Criminal Procedure is an order dated 26.04.2019, passed by Forest Magistrate (Sub Judge), Srinagar, in a complaint bearing File No.43/A, titled Firdous Ahmad vs. Oneeb Mukhtar Nathkhan. By virtue of the impugned order, the complaint filed by the petitioner has been dismissed as withdrawn observing therein that there has been an out of court settlement between the petitioner and the respondent. 2. Impugned order has been assailed by the petitioner, primarily, on the ground that thought he had instructed his advocate to withdraw the complaint with liberty to pursue the remedies available in civil law but the learned counsel appearing for him exceeded his authority and filed an application for withdrawal of the complaint simplicitor by pleading therein that there had been an out of court amicable settlement between the parties. It is submitted by Mr. Qadiri, learned senior counsel, that as a matter of fact there was no settlement arrived at between the parties and it was only a decision taken by the petitioner/complainant to pursue the civil remedies instead of pursuing his complaint which despite considerable time was not yielding any tangible results. 3. Having heard Mr. Qadiri, learned senior counsel, and perused the record, It is seen that there is an application for seeking withdrawal of the complaint signed only by the learned counsel for the petitioner and there are no signatures of the petitioner on the aforesaid application. As a matter of fact, the court below has recorded the statement of learned counsel only without insisting for recording statement of the petitioner. In these circumstances, it is difficult to disbelieve the petitioner that he had not instructed his lawyer to withdraw the complaint on the ground that there had been an out of court amicable settlement between him and the respondent. 4. In view of the aforesaid and also taking note of the fact that the respondent had not yet appeared in the complaint and the complaint was at the infancy stage, it would not be necessary to put the respondent to notice in this petition. 5.
4. In view of the aforesaid and also taking note of the fact that the respondent had not yet appeared in the complaint and the complaint was at the infancy stage, it would not be necessary to put the respondent to notice in this petition. 5. This petition is, accordingly, disposed of at its threshold by providing that notwithstanding anything contrary contained in the order impugned, the dismissal of the complaint of the petitioner as withdrawn in terms of the order impugned shall not be a bar for the petitioner to avail of the remedies available to him in law including the remedies in civil law.