KIRAN BALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure has been moved for quashing the FIR No. 40 dated 16.5.2007 under Section 306/34 IPC registered at Police Station Division No. I, Pathankot being a gross abuse of process of Court.

(2.) THE allegations against the petitioners in the FIR read as under :-

(3.) THE contention of the learned counsel for the petitioners is that, even if the allegations are taken to be correct no offence under Section 306/34 IPC is made out against petitioners. In support of this contention the learned counsel for the petitioners placed reliance on the judgment of the Andhra Pradesh High Court in the case of V. Shankaraiah (A-3) v. State of A.P., 2002(3) Recent Criminal Reports 702, wherein the Andhra Pradesh High Court has been pleased to lay down as under :-