Supreme Court of India · 2009-02-12
State Of Punjab & Ors vs Inder Mohan Chopra & Ors
- Citation / case number
- AIR 2009 SC (SUPP) 198
- Court
- Supreme Court of India
- Petitioner
- State Of Punjab & Ors
- Respondent
- Inder Mohan Chopra & Ors
- Author
- Arijit Pasayat
- Bench
- Mukundakam Sharma, Arijit Pasayat
Judgment text excerpt
The Supreme Court held that the Punjab and Haryana High Court erred in quashing the FIR under Section 36 of the Punjab Apartment and Property Regulations, 1995, stating that the joint holders of property should be treated as one person in legal terms for prosecution purposes. The Court emphasized that the High Court's conclusion that the vendors sold only their respective shares, without considering the total area sold, was incorrect. The judgment clarified the parameters under Section 482 of the Cr.P.C., reinforcing that it is an exception and not a rule for quashing FIRs, and thus the appeal was allowed.