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TMI Blog2024 (4) TMI 37X X X X Extracts X X X X X X X X Extracts X X X X ..... mitted fact that the proceedings in the predicate offence has been quashed and in view of the settled position of law. This Court has, in similar cases, expressed its view that the proceedings under the PMLA 2002 cannot proceed further, once the FIR/Final Report relating to the predicate offence is quashed. The law is well settled by the larger Bench of the Hon'ble Supreme Court in the case of VIJAY MADANLAL CHOUDHARY ORS. VERSUS UNION OF INDIA ORS. [ 2022 (7) TMI 1316 - SUPREME COURT] wherein it was held that If the person is finally discharged/acquitted of the scheduled offence or the criminal case against him is quashed by the Court of competent jurisdiction, there can be no offence of money-laundering against him or any one claiming ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner, who is shown as 5th accused in C.C.No.14 of 2019, had filed a quash petition before this Court in Crl.O.P.No.7273 of 2023. The allegation in the said case is that A1 to A7 have entered into a criminal conspiracy in the commission of offence relating to allotment of housing plots under Government Discretionary Quota; that A1 and A2 were allotted lands under the said quota; that A2, even before the sale deed was executed in her favour, had handed over the possession of the plot to the petitioner herein and entered into a joint venture agreement with the petitioner and unjustly enriched herself. 6. This Court, by the order dated 29.08.2023 passed in the Criminal Original Petition referred above, had found that the allotment that was m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the proceedings under the PMLA 2002 cannot proceed further, once the FIR/Final Report relating to the predicate offence is quashed. The law is well settled by the larger Bench of the Hon'ble Supreme Court in the case of Vijay Madanlal Choudhary and Others v. Union of India and Others, reported in (2022) SCC Online SC 929, wherein, it is ruled as follows: 467. ... (v)(d) The offence under Section 3 of the 2002 Act is dependent on illegal gain of property as a result of criminal activity relating to a scheduled offence. It is concerning the process or activity connected with such property, which constitutes the offence of money-laundering. The Authorities under the 2002 Act cannot prosecute any person on notional basis or on the assum ..... X X X X Extracts X X X X X X X X Extracts X X X X
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