Back
2025 Supreme(Online)(Ker) 56445
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SGS AGRO FARMS LTD, S.G.SEKAR, G.SATISHDAS, G.SHANTHI, G.SANDEEP DAS, S.FAUSTINA, RAJAKUMAR GANASEKAR, ROBIN VIJAYKUMAR – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 10172 OF 2025 | CRIME NO.110/2021 | CC NO.69 OF 2021
For the Appellants/Petitioners: SRI.S.MUHAMMED HANEEFF, SHRI.ARAVIND T RAMESH, SHRI.ASHIK ALI M.H., SMT.ASWATHI K.C., SRI.M.H.ASIF ALI
For the Respondents: SHRI.ITTY PAULSON
Inherent powers can quash non-heinous disputes settled amicably, promoting justice without burdening the judicial process.
Headnote:The petitioners, accused in C.C.No.69/2021, seek quashing of proceedings under the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, citing a settled dispute. The court found the offences non-heinous and noted no public interest involved, thus invoking inherent powers to quash the case. The issues were framed around the admissibility of quashing on the basis of settlement. The court held that where cases are minor and settled amicably, inherent powers can be exercised.
Result: The Crl. M.C. is allowed and all proceedings against the petitioners are quashed.
| Table of Content |
|---|
| 1. petitioners seek to quash criminal proceedings. (Para 1 , 2) |
| 2. disputes resolved; no objection to quashing. (Para 3 , 4 , 5) |
| 3. inherent powers justified to quash based on settlement. (Para 6 , 7) |
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 27TH DAY OF NOVEMBER 2025 / 6TH AGRAHAYANA, 1947 CRL.MC NO. 10172 OF 2025 CRIME NO.110/2021 OF Town West Police Station, Thrissur AGAINST THE ORDER/JUDGMENT DATED IN CC NO.69 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, CH ENNAI, 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
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 SHRI.ARAVIND T RAMESH SHRI.ASHIK ALI M.H.
SMT.ASWATHI K.C. SRI.M.H.ASIF ALI RESPONDENTS/STATE/ DE FACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, PIN - 682031
2 VASANTHA KUMARI.T.K, AGED 54 YEARS,RESIDING AT PERALI, VELLIKULAMBU, KORENCHIRA,KIZHAKKENCHERI-I, P.O.KORANCHIRA,PALAKKAD, PIN - 678684 BY ADV SHRI.ITTY PAULSON OTHER PRESENT:
SR.PP.SMT.SEETHA S THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.11.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O R D E R Dated this the 27th day of November, 2025 The petitioners are the accused 1 to 8 in C.C.No.69/2021 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.110/2021 registered by the Thrissur Town West Police Station, alleging the commission of the offence punishable under Section 420 read with 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 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 second 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 second 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 second 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 Criminal Miscellaneous case being allowed.
