STATE OF PUNJAB Vs. INDER MOHAN CHOPRA

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in these appeals is to the judgment of a learned Single Judge of the Punjab and Haryana High Court allowing two petitions filed under Section 482 of the Code of Criminal Procedure, 1973 (in short the Cr.P.C.). Respondent had made prayer that the FIR No. 152, dated 12.7.2002 registered under Section 36 of the Punjab Apartment and Property Regulations, 1995 (in short the Regulation) at police station Sultanwind, Amritsar, should be quashed. The complaint was filed on the premises that the total area alleged to have sold was 1861.16 Sq. Yards which was jointly held by four real brothers and the individual shares comes to 465.29 Sq. Yards. It was alleged that the accused persons had sold joint family property by conveying land into an unauthorised colony in violation of the provisions of the Act and each one of them was therefore guilty of offence punishable under Section 36 of the Act read with Section 120-B of the Indian Penal Code, 1860 (in short the IPC). The respondents in the petition filed before the High Court stated that the individual shares come below 465.29 sq. yards and, therefore, there was no violation. The stand of the appellant before the High Court was that by selling 1861.16 Sq. Yards in a joint Khasra to different purchasers, the accused person had violated the provisions of the Act and, therefore, they were rightly proceeded against. Reference was made under Section 2(k) of the Act which shows that the expression Person includes a company, firm, co-operative society, joint family and body of persons whether incorporated or not. Therefore, it was pleaded that the joint holders are to be treated as one person in the eye of law in such prosecutions. The High Court accepted the stand of the respondents by holding that even if the property continued to be joint, it cannot be said that the vendors had sold anything more than their respective shares.

(3.) Section 2(i) of the Act reads as follows :