[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
CRL.MC NO. 10840 OF 2025 1 2025:KER:95087
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. 10840 OF 2025
CRIME NO.91/2020 OF Town West Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.68 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 7:
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
COLONYKELLEYS, 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
S/O.S.G.SEKAR,4,SECOND CROSS STREET,SYLVAN LODGE
COLONY,KELLEYS,CHENNAI, PIN - 600010
CRL.MC NO. 10840 OF 2025 2 2025:KER:95087
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 - 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/DEFACTO COMPLAINANT :
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 O.T.KAMARUNNISA,
AGED 71YEARS,W/O.SIDHIQ,PONNAM CHATHAYIL HOUSE,
PILLAKKAD,POOKODE VILLAGE,KOTTAPPADI,THRISSUR, PIN -
680505
BY ADV SHRI.ITTY PAULSON
SR.PP.SRI.C.S.HRITHWIK
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. 10840 OF 2025 3 2025:KER:95087
C.S.DIAS, J.
---------------------------------------
CRL.MC NO. 10840 OF 2025
------------------------------------------------------
Dated this the 10th day of December, 2025
ORDER
The petitioners are the accused Nos 1 to 8 in
C.C.No.68/2020 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.91/2020 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
Bharatiya Nagarik Suraksha Sanhita, 2023, to quash all
CRL.MC NO. 10840 OF 2025 4 2025:KER:95087
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
CRL.MC NO. 10840 OF 2025 5 2025:KER:95087
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.
7. On an overall consideration of the facts and
circumstances of the present case, and the materials on
CRL.MC NO. 10840 OF 2025 6 2025:KER:95087
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.91/2020 of the
Town West Police Station, Thrissur and all further
proceedings in C.C.No.68/2020 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. 10840 OF 2025 7 2025:KER:95087
APPENDIX OF CRL.MC NO. 10840 OF 2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FINAL REPORT IN CRIME
NO.91/2020 OF THRISSUR TOWN WEST POLICE
STATION, THRISSUR
Annexure A2 ORIGINAL AFFIDAVIT SWORN BY THE SECOND
RESPONDENT DT.08.10.2025
