[Cites 8, 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
CRL.MC NO. 10962 OF 2025 1 2025:KER:95044
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. 10962 OF 2025
CRIME NO.38/2020 OF Mannuthy Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.191 OF 2020 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 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
4 ROBIN VIJAYKUMAR,
AGED 36 YEARS
S/O.GANGA SUNDARAM, 294,PURASAWAKKAM,HIGH ROAD,
KELLEYSCHENNAI, TAMIL NADU, PIN - 600010
5 G.SATISHDAS,
AGED 40 YEARS
S/O.S.G.SEKAR,4,SECOND CROSS STREET,SYLVAN LODGE
COLONYKELLEYS, CHENNAI, PIN - 600010
CRL.MC NO. 10962 OF 2025 2 2025:KER:95044
6 G.SHANTHI,
AGED 59 YEARS
W/O.S.G.SEKAR, 4,SECOND CROSS STREET, SYLVAN LODGE
COLONY,KELLEYS, CHENNAI, PIN - 600010
7 G.SANDEEP DAS,
AGED 34 YEARS
S/O.S.G.SEKAR,4,SECOND CROSS STREET,SYLVAN LODGE
COLONY,KELLEYS,CHENNAI, PIN - 600010
8 S.FAUSTINA,
AGED 35 YEARS
W/O.G.SATISHDAS,4,SECOND CROSS STREET,SYLVAN LODGE
COLONY,KELLEYS,CHENNAI, PIN - 600010
BY ADVS.
SRI.S.MUHAMMED HANEEFF
SRI.M.H.ASIF ALI
SHRI.ARAVIND T RAMESH
SHRI.ASHIK ALI M.H.
SMT.ASWATHI K.C.
RESPONDENTS/STATE AND DEFACTO COMPLAINANT :
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA,ERNAKULAM, PIN - 682031
2 SUBAIDA,
AGED 66 YEARS, D/O.ABDUL RAHIMAN,MATHILAKATH HOUSE,
MANATTUKUNNU,KALLETTUMKARA,ALUR,THRISSUR, PIN - 680683
BY ADV SHRI.ITTY PAULSON
SR PP SMT SEETHA S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.12.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 10962 OF 2025 3 2025:KER:95044
C.S.DIAS, J.
---------------------------------------
CRL.MC NO. 10962 OF 2025
------------------------------------------------------
Dated this the 10th day of December, 2025
ORDER
The petitioners are the accused Nos 1 to 8 in
C.C.No.191/2020 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.38/2020 registered by the Mannuthy
Police Station, Thrissur, alleging the commission of the
offence punishable under Section 420 r/w Section 34 of
the Indian Penal Code and Sections 3, 4, 5 and 6 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
Bharatiya Nagarik Suraksha Sanhita, 2023, to quash all
CRL.MC NO. 10962 OF 2025 4 2025:KER:95044
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 recorded the
statement of the 2nd respondent. However, the State has
no objection to the Criminal Miscellaneous case being
CRL.MC NO. 10962 OF 2025 5 2025:KER:95044
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.
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
CRL.MC NO. 10962 OF 2025 6 2025:KER:95044
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.38/2020 of the
Mannuthy Police Station, Thrissur and all further
proceedings in C.C. No.191/2020 on the file of the Trial
Court, as against the petitioners, are hereby quashed.
Sd/-
C.S.DIAS,JUDGE
SCB/10.12.25.
CRL.MC NO. 10962 OF 2025 7 2025:KER:95044
APPENDIX OF CRL.MC NO. 10962 OF 2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FINAL REPORT IN CRIME
NO.38/2020 OF MANNUTHY POLICE STATION,
THRISSUR
Annexure A2 ORIGINAL AFFIDAVIT SWORN BY THE SECOND
RESPONDENT DT.08/10/2025
