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TMI Blog2023 (10) TMI 822X X X X Extracts X X X X X X X X Extracts X X X X ..... artik Sabharwal, Advocates. JUDGMENT AMIT BANSAL, J. (ORAL) 1. By way of the present petition, the petitioners seek quashing of the complaint filed by the Directorate of Enforcement (ED) under Section 3 of the Prevention of Money Laundering Act, 2002(PMLA) being ECIR bearing No. ECIR/51/DLZO-II/2021 dated 15th June, 2021 and the proceedings/investigations pursuant thereto. 2. It is the case of the petitioners that the present complaint was lodged on the basis of FIR bearing No.175/2020 dated 4th November, 2020 under Sections 409/420/467/468/471/120B of the Indian Penal Code, 1860 (IPC) by the Economic Offences Wing, New Delhi, being the predicate offence. 3. The aforesaid FIR was premised on an allegation that the petitioners herein ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Telangana High Court in Manturi Shashi Kumar v. Director, Directorate of Enforcement, 2023 SCC OnLine TS 1098. 7. Per contra, Mr. Zoheb Hossain, counsel appearing for the ED submits that in view of the fact that the FIR in respect of the predicate offence has been quashed on the basis of settlement, the present complaint cannot be quashed. He places reliance on the order passed by the Supreme Court dated 10th February, 2023 in SLP (Crl.) Diary No.42315/2022 titled Directorate of Enforcement v. Gagan Deep Singh to submit that the issue whether proceedings under Prevention of Money Laundering Act, 2002 would survive upon acquittal/discharge of the accused in a scheduled offence is still pending before the Supreme Court. 8. I have heard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stated and alleged in the FIR has no existence; thus the "Scheduled Offence" has also no existence after quashing of the FIR. When there is no "Scheduled Offence", the proceeding initiated under the provisions of Prevention of Money Laundering Act, 2002 cannot stand alone." 11. It is relevant to note here that the SLP filed by the ED against the aforesaid judgment was dismissed by the Supreme Court vide order dated 14th July, 2023 in SLP (Crl.) Diary No. 24321/2023. The relevant observations of the aforesaid order are set out below:- "In paragraph 187 (v)(d) of the decision in the case of Vijay Madanlal Chowdhury & Ors. v. Union of India & Ors. (2022) SCC OnLine SC 929, it is held that even if predicate offence is quashed by the Court of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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