ABDUL HADI NADAF Vs. UT OF JK

JUDGEMENT

(1.) In compliance to the order dated 20th November, 2019, the statements of respondents 4 to 8 who are legal heirs of the deceased killed in the motor vehicular accident have been recorded by the Registrar Judicial of this Court. In their statements they have categorically stated that they have amicably settled the dispute with the petitioners and the contents of the settlement have been reduced in the compromise agreement executed on 28th May, 2019. They have admitted the contents of the compromise deed and also admitted that they have put their signatures on the aforesaid deed. From the perusal of the statements of the respondents 4 to 8, who are admittedly the legal heirs of the deceased Riyaz Ahmad Khari who was killed in the motor vehicular accident, it is abundantly clear that the matter has been settled.

(2.) On the basis of the compromise deed executed between the petitioners and the respondents 4 to 8, the learned counsel for the petitioners submits that the FIR No. 184/2018 registered in the police station Sadder, Srinagar against the petitioner no. 3 under section 279/337,304 A RPC deserved to be quashed. It is submitted that the continuation of investigation in the FIR No. 184/2018 would be sheer abuse of the process of the court more so that the legal heirs of the deceased have decided to bury the hatch. Brief factual matrix which is necessary for disposal of this petition needs to be noticed.

(3.) It is alleged that the petitioner no. 3 while driving his vehicle bearing No. JK01X-3828 (Hundai i20) hit one Riyaz Ahmad Khari, on 27.09.2018 at Bypass Sanat Nagar, Srinagar. Shri Riyaz Ahmad Khari, who was badly injured succumbed to his injuries and accordingly an FIR No. 184/2018 came to be registered. The investigating Officer on completion of the investigation in aforesaid FIR presented the challan before the Judicial Magistrate, Passenger Tax at Srinagar on 03.03.2019, where the challan is stated to be pending adjudication.