Sandesh Sherigara v. State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

CRIMINAL PETITION NO. 10486 OF 2025

BETWEEN: SANDESH SHERIGARA S/O VASU SHERIGARA, AGED ABOUT 37 YEARS, R/AT. NO. "SWETJA NILAYA", MANIBETTU, PADU MATTA, MATTAR POST, SHIRVA VILLAGE, UDUPI TALUK - 574 17, PRESENTLY RESIDING AT NEAR PARAMESHWARI RICE MILL, HERGA POST AND VILLAGE, UDUPI TALUK - 576 107. …PETITIONER (BY SRI. SANDESH SHETTY T., ADVOCATE) AND:

¶1STATE OF KARNATAKA REPRESENTED BY THE. KUNDAPURA POLICE STATION, UDUPI - 576 201. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU.

¶2MANISH, MAJOR, BRANCH MANAGER, CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD., KUNDAPURA - 576 201,

Digitally signed by CHETAN B C Location: High Court of Karnataka

UDUPI DIST. …RESPONDENTS (BY SMT. DEEPTHI ALVA, HCGP FOR R1 SRI. RAJARAM .D. BHAT, ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR AND CHARGE SHEET AND ENTIRE PROCEEDINGS IN CR.NO.284/2015 U/S. 420, 465, 468, 471, 473 AND 201 OF IPC, AND IN CC.NO1503/2017, PENDING ON THE FILE OF HONORABLE ADDL. CIVIL JUDGE AND JMFC COURT, KUNDAPURA, UDUPI, UDUPI DISTRICT.

THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER Petitioner – accused is before this Court calling in question proceedings in C.C.No.1503/2017, pending before the Additional Civil Judge and JMFC, Kundapura, Udupi District, for the offences under Sections 420, 465, 468, 471, 473 and 201 of the IPC.

¶2Heard Sri Sandesh Shetty T., learned counsel appearing for the petitioner, Smt. Deepthi Alva, learned High Court Government Pleader appearing for respondent No.1 and

Sri Rajaram D. Bhat, learned counsel appearing for respondent No.2.

¶3Learned counsel for the petitioner and respondent No.2 would in unison submit that during the subsistence of these proceedings, the petitioner has paid the entire amount due to respondent No.2 and respondent No.2 has acknowledged the receipt of the amount. Therefore, the parties to the lis have entered into joint affidavit, agreeing to settle the issue. The joint affidavit is filed before this Court seeking permission to compound the offences.

¶4The joint affidavit reads as follows: "JOINT AFFIDAVIT

We, Sandesh Sherigara, S/o Vasu Sherigara, Age 38 years, R/at. No. "Swetja Nilaya, Manibettu, Padu Matta, Mattar Post, Shirva Village, Udupi Taluk 574 17, Presently residing at Near Parameshwari Rice Mill, Herga Post & Village, Udupi Taluk 576 107, now at Bengaluru, and Raghavendra J. S/o. Javaregowda D aged about 41 years, Legal executive Cholamandalam Investments and Finance Company, no 45, 2nd floor Lalbhag road Bengaluru, 560025 do hereby solemnly affirm and state on oath as under:-

¶1We submit that, the above Criminal Petition preferred by the Petitioner and the petition and Interlocutory Application filed by the Petitioner under Section 482 of Cr.P.C. may be read as part and parcel of this Joint Affidavit.

¶2We submit that, the Petitioner has preferred this Petition to quash the entire proceedings in C.C. No. 1503/2017 pending before the Hon'ble Addl. Civil Judge & JMFC Court, Kundapura, Udupi, Udupi District, in pursuant to charge sheet filed in FIR registered against the Petitioner / Accused by Kundapura Police Station in Crime No. 284/2025 for the alleged offences punishable under Sections 420, 465, 468, 471, 472, 201 of IPC.

¶3We submit that, the Petitioner and the Respondent No.2 Finance Company have amicably settled all their claims, differences, litigations and dispute against each other and consequently, the Petitioner has paid the entire amount due to the Respondent No.2 Finance Company and the Respondent No.2 is agreeable for the same and also acknowledged the receipt.

¶4We submit that, in view of the mutual settlement between the Petitioner and the Respondent No.2 Company, the Respondent No.2 Company voluntarily and on its own free will, without any force or coercion, has no objection to quash the entire proceedings in charge sheet, in CC No. 1503/2017 pending before the Hon'ble Addl. Civil Judge & JMFC., Kundapura, Udupi District, in pursuant to FIR registered against the Petitioner by the Kundapura Police Station in Crime No. 284/2015 for the alleged offences punishable under Sections 420, 465, 468, 471, 472, 201 of IPC.

WHEREFORE, we the Petitioner and the Respondent No.2 most respectfully pray that this Hon'ble Court be pleased to quash the Addl. Civil Judge & JMFC., Kundapura, Udupi District, in pursuant to charge sheet filed in FIR registered against the Petitioner by the Kundapura Police Station in Crime No. 284/2015 for the alleged offences punishable under Sections 420, 465, 468, 471, 472, 201 of IPC., in the interest of justice and equity.

We. do hereby declare that what is stated in this Affidavit is true and correct to the best of our knowledge, belief and information and to that effect we have affixed our hands/signatures."

In the light of the afore-quoted joint affidavit, I deem it appropriate to terminate the proceedings against the petitioner, as the dispute and the allegations are between the individuals and not against the State.

¶5For the aforesaid reasons, the following: O R D E R

(a) The criminal petition is disposed.

(b) The proceedings in C.C.No.1503/2017, pending before the Additional Civil Judge and JMFC, Kundapura, Udupi District, qua the petitioner, stand quashed.

Sd/- (M.NAGAPRASANNA) JUDGE

NVJ List No.: 1 Sl No.: 149