* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 507 OF 2009 Ajit Suhas Raikar .... Applicant V/s. State of Maharashtra & Ors. .....Respondents ====== Mr.Rahul Kadam i/by.Suhas Hulyalkar,adv.for applicant. Ms.Pranali Kakade i/by.Mr.Sandeep Patil for respondent no.2. Mrs.A.A.Mane, APP for State. CORAM: SMT.R.P.SONDURBALDOTA, J. DATED: 12TH FEBRUARY, 2009. P.C. : 1. Heard counsel for both sides. 2. Respondent no.2 has filed complaint vide C.R.NO. 46 of 2009 registered with Bhosari Police Station under Section 364A, 386, 324 and 34 IPC against the applicant herein. The present petition is filed for quashing of the complaint on the ground that the parties have since arrived at settlement and respondent no.2 does not desire to prosecute the complainant. Respondent no.2 has filed affidavit-in-reply dated 2nd * 2 * February, 2009 stating that he does not desire to proceed with the case as the entire dispute is settled. In the settlement, it has been agreed by the applicant that he shall file an Undertaking that he will not initiate any defamation or false prosecution against respondent no.2 after quashing of the F.I.R. The applicant has filed Undertaking dated 12th February, 2009 as required by respondent no.2. The Undertaking is accepted and taken on file. The same is marked as `X'. Perusal of the complaint shows that the proceedings arose out of a commercial transaction over purchase of scrap. Therefore, it does not involve any question of public policy. In the complaint, respondent no.2 would be the main witness. If he resiles from the complaint, there is no chance of the complaint ending in conviction. Therefore, the application is allowed. The complaint filed by respondent no.2 vide C.R.NO. 46 of 2009 registered with Bhosari Police Station under Section 364A, 386, 324 and 34 IPC against the applicant herein is quashed. [JUDGE]