[Cites 5, Cited by 0]
Kerala High Court
Sgs Agro Farms Ltd vs State Of Kerala on 10 December, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:95019
CRL.MC NO. 10846 OF 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 10TH DAY OF DECEMBER 2025 / 19TH AGRAHAYANA,
1947
CRL.MC NO. 10846 OF 2025
CRIME NO.1436/2020 OF Town West Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.70 OF 2021 OF
SPECIAL COURT OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE,
THRISSUR FOR THE TRIAL OF CASES UNDER THE PRIZE CHITS AND
MONEY CIRCULATION SCHEME (BANNING) ACT, 1978
PETITIONERS/ACCUSED 1 TO 8 :
1 SGS AGRO FARMS LTD,
REPRESENTED ITS CHAIRMAN, S.G.SEKAR, 59,1STFLOOR,
2ND STREET,SECRETARIAT COLONY,KELLEYS, CHENNAI,
PIN - 600010
2 S.G.SEKAR,
AGED 65 YEARS
S/O.P.SUBBUNADAR, 4, SECOND CROSS STREET, SYLVAN
LODGE COLONY,KELLEYS, CHENNAI, PIN - 600010
3 G.SATISHDAS,
AGED 40 YEARS
S/O.S.G.SEKAR, 4,SECOND CROSS STREET,SYLVAN LODGE
COLONY,KELLEYS, CHENNAI, PIN - 600010
4 G.SHANTHI,
AGED 59 YEARS
W/O.S.G.SEKAR, 4,SECOND CROSS STREET, SYLVAN LODGE
COLONY,KELLEYS, CHENNAI, PIN - 600010
5 G.SANDEEP DAS,
AGED 34 YEARS
2025:KER:95019
CRL.MC NO. 10846 OF 2025 2
S/O.S.G.SEKAR, 4,SECOND CROSS STREET,SYLVAN LODGE
COLONY,KELLEYS,CHENNAI, PIN - 600010
6 S.FAUSTINA,
AGED 35 YEARS
W/O.G.SATISHDAS,4,SECOND CROSS STREET,SYLVAN LODGE
COLONY,KELLEYS,CHENNAI, PIN - 600010
7 RAJAKUMAR GANASEKAR,
AGED 38 YEARS
S/O.GANASEKAR, 1-3,GROUND FLOOR, BHARATH
FLATS,R.V. NAGAR EAST NEAR J.JAYALALITHA BASKET
BALL INDOOR STADIUM ANNA NAGAR EAST, CHENNAI,
TAMIL NADU, PIN - 600012
8 ROBIN VIJAYKUMAR,
AGED 36 YEARS
S/O.GANGA SUNDARAM,294,PURASAWAKKAM,HIGH ROAD,
KELLEYSCHENNAI, TAMIL NADU, PIN - 600001
BY ADVS.
SRI.S.MUHAMMED HANEEFF
SRI.M.H.ASIF ALI
SHRI.ARAVIND T RAMESH
SHRI.ASHIK ALI M.H.
SMT.ASWATHI K.C.
RESPONDENT/STATE AND DEFACTO COMPLAINANT :
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 JIJO ANTONY.P,
AGED 43 YEARS, S/O.ANTONY.V.D, POTTAKAL HOUSE,
MANGALASSERY, KORATTY SOUTH, KIZHAKKUMMURI,
KORATTI,THRISSUR, PIN - 680308
BY ADV SHRI.ITTY PAULSON
PP SRI MP PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 10.12.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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CRL.MC NO. 10846 OF 2025 3
C.S.DIAS, J.
---------------------------------------
CRL.MC NO. 10846 OF 2025
------------------------------------------------------
Dated this the 10th day of December, 2025
ORDER
The petitioners are the accused Nos 1 to 8 in
C.C.No.70/2021 on the file of the Special Court of the
Additional Chief Judicial Magistrate, Thrissur, for the
trial of cases under the Prize Chits and Money
Circulation Scheme (Banning), Act, 1978, (Trial
Court), which has arisen from Crime No.1436/2020
registered by the Town West Police Station, Thrissur,
alleging the commission of the offence punishable
under Section 420 r/w Section 34 of the Indian Penal
Code and Section 2(c) of the Prize Chits and Money
Circulation Schemes (Banning), Act, 1978.
2. The petitioners have invoked the inherent
jurisdiction of this Court under Section 528 of the
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CRL.MC NO. 10846 OF 2025 4
Bharatiya Nagarik Suraksha Sanhita, 2023, to quash
all further proceedings in the above case. It is
asserted that the dispute that led to the registration
of the crime has been amicably settled between the
petitioners and the 2nd respondent, who has executed
Annexure A2 affidavit, affirming the settlement.
3. I have heard the learned Counsel appearing for
the petitioners, the learned Public Prosecutor, and
the learned Counsel for the 2nd respondent.
4. The learned counsel on either side submits
that, with the intervention of relatives and well-
wishers, the parties have resolved their disputes
amicably. The 2nd respondent has no subsisting
grievance and does not wish to pursue the
prosecution, and has no objection to the proceedings
being quashed.
5. The learned Public Prosecutor, on instructions,
submits that the Investigating Officer has not
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CRL.MC NO. 10846 OF 2025 5
recorded the statement of the 2nd respondent.
However, the State has no objection to the Criminal
Miscellaneous case being allowed.
6. The scope and ambit of the inherent powers of
this Court to quash criminal proceedings on the
ground of settlement between the parties have been
authoritatively laid down by Hon'ble Supreme Court,
in Gian Singh v. State of Punjab [(2012) 10 SCC
303], State of Madhya Pradesh v. Laxmi Narayan
and Others [(2019) 5 SCC 688], Naushey Ali v.
State of U.P. [(2025) 4 SCC 78], and in a host of
judicial pronouncements. It is held that in cases
where the offences are not grave or heinous, and
where the parties have amicably settled the dispute,
to secure the ends of justice, the High Court may
invoke its inherent powers to quash the proceedings,
particularly if continuation of the prosecution would
serve no fruitful purpose.
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CRL.MC NO. 10846 OF 2025 6
7. On an overall consideration of the facts and
circumstances of the present case, and the materials
on record, I am satisfied that: the offences alleged
are not heinous or of a serious nature; no public
interest or element of societal concern is involved;
the chances of conviction are remote in view of the
settlement; and the continuation of the proceedings
would merely burden the judicial process without
advancing the cause of justice. Furthermore, the
settlement would promote harmony between the
parties and restore peace. Hence, this Court is
persuaded to hold that this is a fit case to exercise its
inherent jurisdiction.
In the result, the Crl. M.C. is allowed.
Accordingly, Annexure A1 Final Report in Crime
No.1436/2020 of the Town West Police Station,
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CRL.MC NO. 10846 OF 2025 7
Thrissur, and all further proceedings in C.C. 70/2021
on the file of the Trial Court, as against the
petitioners, are hereby quashed.
Sd/-
C.S.DIAS,JUDGE
SCB/10.12.25.
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CRL.MC NO. 10846 OF 2025 8
APPENDIX OF CRL.MC NO. 10846 OF 2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FINAL REPORT IN CRIME
NO. 1436/2020 OF THRISSUR TOWN WEST
POLICE STATION, THRISSUR
Annexure A2 ORIGINAL AFFIDAVIT SWORN BY THE SECOND
RESPONDENT DT.08/10/2025
