[Cites 5, Cited by 0]
Kerala High Court
Sgs Agro Farms Ltd vs State Of Kerala on 19 December, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:98362
CRL.MC NO. 9455 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 19TH DAY OF DECEMBER 2025 / 28TH AGRAHAYANA, 1947
CRL.MC NO. 9455 OF 2025
CRIME NO.302/2020 OF Town West Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.107 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,
REPRESENTEDITS 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
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5 G.SANDEEP DAS,
AGED 34 YEARS
S/O.S.G.SEKAR,4,SECOND CROSS STREET,SYLVAN LODGE
COLONY,KELLEYS,CHENNAI, PIN - 600010
6 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 YOUNUS.A,
AGED 42 YEARS, RESIDING AT HIDAYATH
MANZIL,KUTHIRAPPURA,KANNADI, PALAKKAD, PIN - 678701
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CRL.MC NO. 9455 OF 2025
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BY ADV SHRI.ITTY PAULSON
OTHER PRESENT:
PP.SRI.M.P.PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.12.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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C.S.DIAS, J.
---------------------------------------
Crl.M.C. No. 9455 of 2025
-----------------------------------------
Dated this the 19th day of December, 2025
ORDER
The petitioners are accused Nos.1 to 8 in
C.C.No.107 of 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', in short), which
originates from Crime No.302 of 2020 registered by the
Town West Police Station, Thrissur, alleging the commission
of the offences punishable under Section 420 read with
Section 34 of the Indian Penal Code and Section 2(c) of the
Prize Chits and Money Circular 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 further
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CRL.MC NO. 9455 OF 2025
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 2 nd
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 2 nd
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
reported that the parties have arrived at a genuine and
bona fide settlement. The State has no objection to the
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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.
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
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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 and all further proceedings in
C.C. No. 107 of 2020 of the Trial Court, as against the
petitioners, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
dkr
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CRL.MC NO. 9455 OF 2025
APPENDIX OF CRL.MC NO. 9455 OF 2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FINAL REPORT IN CRIME NO.
302/2020 OF THRISSUR TOWN WEST POLICE
STATION, THRISSUR
Annexure A2 ORIGINAL AFFIDAVIT SWORN BY THE SECOND
RESPONDENT DT.08.10.2025
