These cases are preventive in nature and are aimed at maintaining peace and tranquility in society. The police can make a Kalandra when they receive a complaint about an incident that could potentially lead to a breach of peace, such as a fight, shouting or verbal abuse.
The dealing police officer understands that if he does not take any action, people in the society may accuse him of taking a bribe and letting the matter go, which would undermine his reputation and the credibility of the police force. On the other hand, if he takes strict action such as making arrests, it may not always be the best solution as it can further escalate the situation.
Therefore, the police officer may choose to make a Kalandra under Section 107/150 or 107/151 CrPC. Under Section 107/150 CrPC, the police officer has the power to bind down the warring parties if he feels that there is an apprehension of disturbance of peace and tranquility in society, and to ensure that it does not happen, he makes a Kalandra aforesaid.
The parties involved are not arrested but are let off after signing the Kalandra, which goes to the Sub-Divisional Magistrate (SDM) Court. The Kalandra essentially serves as a warning to the parties involved, and they are given a date to appear before the SDM Court.
If the police officer wants to take the matter one step further, he can make the Kalandra under Section 107/151 CrPC. Under this section, the warring parties can be arrested and produced before the SDM Court. However, it is important to note that the parties are very likely to be released after being produced before the court, as these cases are non-criminal in nature.
It is also important to note that the Kalandra has a shelf life of six months. If during this period, the parties involved do not breach the peace or create any further disturbance, the case is closed, and the Kalandra becomes ineffective.
In conclusion, a Kalandra is a preventive measure that is taken by the police to ensure the maintenance of peace and tranquility in society. It is a non-criminal case registered under Section 107/150 or 107/151 CrPC or under the Domestic Violence Act. While the police officer has the power to make an arrest under Section 107/151, they may choose to make a Kalandra under Section 107/150 to prevent escalation of the situation. The parties involved are given a warning, and the case has a shelf life of six months.