KULWANT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Section 482 Cr.P.C. for quashing Kalandra for commission of offence under Section 182 IPC, dated 13.3.2008 (Annexure P-7) filed in the Court of Sub Divisional Judicial Magistrate, Jagraon, initiated at the instance of respondent No. 2. i.e. Senior Superintendent of Police, Ludhiana.

(2.) Short contention of learned counsel for the petitioner is that proceedings under Section 182 IPC have been initiated at the instance of Manjit Inderpal Singh Dhillon (respondent No. 3) who was an accused in the incident relating to the death of Surjit Singh son of Balwant Singh, in case FIR No. 184 dated 19.8.2003, under Sections 302, 201, 420, 34 IPC registered with Police Station, Jagraon.

(3.) It is the contention of the learned counsel that in view of compromise, Annexure P-2 and affidavit, Annexure P-3 sworn by respondent No. 3, he could not have initiated the proceedings. It has further been argued that the petitioner, in view of Annexure P-2 and P-3, thought that no proceeding under Section 182 IPC shall be initiated and therefore, the cancellation report was accepted by the complainant resulting into passing of Order dated 3.11.2007, Annexure P-5.