* 1 * Cri.Appln. 5266.2010 10.2.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5266 OF 2010 Khandu @ Khandya Amarnath Lonkar and others .......Applicants V/S. The State of Maharashtra and anr. .........Respondents * * * * * * Ms. Pranali Kakade i/by. Mr. Subhash Hulyalkar, Advocate for the applicants. Mrs. V.R. Bhosale , APP for the State-respondent no.1. Mr. P.D. Puway i/by. Rashmi Purandare, Advocate for respondent no.2. Coram : Smt. R.P. SondurBaldota, J. 10 February, 2011. P.C. : 1. This application is filed under Section 482 Criminal Procedure Code for quashing of C.R. No.528/2008 registered with Bhosari Police Station, Pune for the offences punishable under Sections * 2 * Cri.Appln. 5266.2010 10.2.2011 364(A), 386, 392 read with 34 Indian Penal Code and the charge- sheet arising out of C.R. bearing Sessions Case No.620 of 2009 on the complaint filed by respondent no.2 alleging the offence of kidnapping for ransom, extortion by putting the complainant under the fear of death and committing robbery of cash amount, gold chain, gold ring of the total value of Rs.85,500/-. 2. The brief facts of the complaint are that, on 8th December, 2009 when respondent no.2-the original complainant and his brother-in-law, one Sandip were sitting in the office, applicant no.1 came there alongwith his accomplices on two motor-cycles and forced him to accompany under the threats of physical harm. Respondent no.2 was taken to a bungalow where he was asked to give Rs.5,00,000/- by way of ransom with monthly ransom of Rs. 5,000/-. When the complainant pleaded his inability to pay the amount of ransom, the applicants threatened and assaulted him and removed the cash amount of Rs.9,500/- on his person, the gold chain and the gold ring. The applicants also made respondent no.2 issue a bearer cheque in the sum of Rs.10,000/-. The said cheque * 3 * Cri.Appln. 5266.2010 10.2.2011 was encashed on 10th December, 2008. The complaint came to be registered on 15th December, 2008. During the course of investigation, the applicants came to be arrested on the following dates (i) applicant no.1 on 22nd January, 2009 (ii) applicant no.2 on 23rd January, 2009; (iii) applicants no.3 and 4 on 25th December, 2008 and (iv) applicant no.5 on 29th December, 2009. Later, applicants no. 2 to 4 came to be released on bail. However, the application filed by applicant no.1 for bail was rejected. He has been in jail as an undertrial prisoner since then. 3. Respondent no.2, the original complainant files an affidavit supporting the application stating at paragraph-2 as follows :- 2. I say that I am staying with my family at Bhosari at “ the above address. I run a Transport Business. The accused in the present matter also resides in the same locality. Therefore, to have cordial relations with each other, I do not intent to proceed with the above said case as the entire dispute has been settled due to the amicable settlement between the parties.” 4. Considering the facts alleged in the complaint, there is no * 4 * Cri.Appln. 5266.2010 10.2.2011 question of quashing of proceedings on the basis of any private arrangement arrived at between both sides. It cannot be said that the dispute in the complaint does not affect the public policy. It infact affects the Society at large. Mrs. Bhosale, the learned APP states that applicant no.1 is a habitual criminal and there are already 12 cases registered against him since the year 2004, which are pending for trial. Some of them are for the offences punishable under Sections 379 read with 34 Indian Penal Code, others are for the offences punishable under Sections 395, 363, 338, 506, 324, 323, 527 and under Section 302 Indian Penal Code. In these circumstances, the application is dismissed. [Smt. R.P. SondurBaldota, J]