‘Scheduled Offence’ Cannot Exist After Quashing Of FIR: Delhi High Court Quashes PMLA Proceedings
Case: RAJINDER SINGH CHADHA v. UNION OF INDIA MINISTRY OF HOME AFFAIRS THROUGH ITS CHIEF SECRETARY & ANR.
Coram: Justice Amit Sharma
Case No.: W.P.(CRL) 562/2023
Court Observation: “Thus, in the considered opinion of this Court, in the present case, there can be no prosecution under the PMLA with respect to the scheduled offences‘ in the first two FIRs, i.e., FIR No. 16/2018 and FIR No. registered at PS EOW,”.
“Accordingly, the proceedings undertaken with respect to the said two FIRs qua the present petitioner in the present ECIR stand quashed.”
“project which was the subject matter of the two previous FIRs. In the present factual context, even if separate FIRs are registered at the instance of separate home-buyers/ investors, each of the said FIRs cannot be considered as a separate cause of action for registration of different ECIRs,”.
“In the present case, ‗scheduled offences‘ by way of the third FIR still exist. It is pertinent to note that even in an FIR being investigated by the local police involving multiple complainants, compounding with some of them will not be a ground for quashing of the said FIR. However, partial compounding/quashing is permissible,”.
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Keywords
Scheduled Offence, Delhi High Court
