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TMI Blog2024 (1) TMI 336X X X X Extracts X X X X X X X X Extracts X X X X ..... Respondent No. 1 : Mr. B. Adinarayana Rao, Senior Counsel representing Mr. Javvaji Sarath Chandra, Counsel. For the Respondent Nos. 2 and 3 : Deputy Solicitor General of India, Counsel. PER DHIRAJ SINGH THAKUR, CJ: 1. In all the four aforementioned writ appeals, since common questions of law and fact arise, we propose to deal with them by way of a common order. For purposes of convenience, reference shall be made to facts contained in W.A. No. 967 of 2023. 2. The present Writ Appeal No. 967 of 2023 has been filed in terms of Clause 15 of the Letters Patent against the judgment and order dated 09.08.2023 passed in W.P. No. 18057 of 2023, whereby the writ Court while exercising powers under Article 226 of the Constitution of India, has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spect of the matters relating to the affairs of the Society etc., the same could not be gone into in writ proceedings and therefore, referred the same for adjudication, with the consent of the parties to a sole Arbitrator in terms of the said Section 23 of the Act, 2001. The order dated 22.02.2022, passed by the Division Bench also recorded the agreement of the counsel for the parties that all pending litigations in relation to the subject dispute before any legal fora/Courts would be withdrawn by the respective parties. 5. In the backdrop of the aforementioned developments, petitions under Section 482 Cr.P.C. bearing Crl. P. No. 2341 of 2023 and Crl. P.No. 1398 of 2023, came to be filed for quashing the proceedings in Crime No. 85 of 2021 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pex Court in Vijay Madanlal Choudhary and Others vs. Union of India 2022 SCC OnLine 929, the writ Court allowed the writ petition and quashed the impugned ECIR dated 31.05.2022, along with the Original Complaint and the Provisional Attachment Order which was impugned therein. Hence, the present writ appeal. 7. The main ground urged in the present writ appeals is focused on the issue that the economic offences cannot be quashed at the investigation stage on the ground that the matter had been settled between the parties as they were public wrongs committed against the society. It was urged that the FIRs bearing Crime No. 85/2021 Crime No. 346/2021 ought not to have been quashed based upon an agreement between the parties inter se. 8. Couns ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) SCC OnLine SC 929, it is held that even if predicate offence is quashed by the Court of competent jurisdiction, there can be no offence of money laundering against the accused. Appropriate proceedings can be always filed by the concerned parties for challenging the order by which predicate offence was quashed. If the said order is set aside and the case is revived, it will be always open for the petitioner to revive the proceedings under the Prevention of Money Laundering Act, 2002. The Special Leave Petition is accordingly disposed of." 9. Even when the position of law on this subject appears to have been settled, yet we refrain from expressing any opinion on the issue, on the ground that the present appeal itself is not maintainabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urts of Gujarat and Delhi, on the basis of the law laid down by this Court in Ishwarlal Bhagwandas, have laid emphasis on the seed of initiation of criminal proceeding, the consequence of a criminal proceeding and also the nature of relief sought before the Single Judge under Article 226 of the Constitution. The conception of 'criminal jurisdiction' as used in Clause 10 of the Letters Patent is not to be construed in the narrow sense. It encompasses in its gamut the inception and the consequence. It is the field in respect of which the jurisdiction is exercised, is relevant. The contention that solely because a writ petition is filed to quash an investigation, it would have room for intra-court appeal and if a petition is filed under inhe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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