IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1014 OF 2005 M/s. Ruia Hospitality Ltd. & Ors. ...Petitioners Vs. The State of Maharashtra & Ors. ...Respondents Mr. Rajendra Sorankar for the Petitioners Mrs. S.D.Shinde, A.P.P for the State Mr. B.A. D'Lima i/b. M/s. D'Lima & Associates for Respondent No.2 CORAM: SHRI J.N.PATEL & SMT. ROSHAN DALVI, JJ. DATED: 28TH SEPTEMBER, 2006 P.C. 1. The parties i.e the Petitioners and the Respondents have tendered Memorandum of Understanding (MOU) along with copy of the resolution authorising the Responding no.2 to represent the interest of the Company, who is the complainant personally present before the Court having filed a complaint against the Petitioner for having committed offence under Sections 406 and 420 of Indian Penal Code. Pursuant to which Non Bailable Warrants have been issued by the Chief Judicial Magistrate, Patna. 2. The MOU clearly records that the parties have settled their disputes and they are no more interested in prosecuting Criminal Case No.2942(c) 2004 in the Court of Sub-divisional Judicial Magistrate. The parties are personally present before the Court duly identified by their respective Advocates. 3. In view of the fact that the parties have settled the matter there is no legal impediment in the way of complainant/Respondent No.2 to withdraw the complaint filed in the Court of Sub-divisional Judicial Magistrate, Patna. We therefore, dispose of this Petition in terms of MOU tendered before us except Clause No.4 which has to be done by filing an application before the Court of Sub-divisional Judicial Magistrate, Patna. 4. The MOU along with copy of resolution are taken on record and collectively marked “X” for identification. As the consequence of this settlement between the parties the Non Bailable Warrants issued by the Sub-divisional Judicial Magistrate, Patna are cancelled. 5. The Petition is disposed of accordingly. 6. The Registrar (Judicial), High Court, Bombay to communicate this order to the Sub-divisional Judicial Magistrate, Patna. (SMT.ROSHAN DALVI, J.) (SHRI. J.N. PATEL, J.)