JUDGMENT (ORAL) Smt. Anjana Prakash, J.- No one appears on behalf of the private Opposite Party despite repeated calls. 2. The petitioner seeks quashing of the entire proceeding including the order dated 21.12.2011 passed by the Judicial Magistrate, 1st class, Patna in Complaint case No. 1964(c) of 2011, by which he has taken cognizance in the matter. 3. The case of the Complainant is that he had purchased a Samsung mobile set on 9.9.2009 with details-cum-warranty card. However, the phone became out of order, so he went before the petitioner, who was the authorized service centre, but neither he repaired it nor did he return the same. It is on account of this that he allegedly suffered a loss of Rs.10 lacs. 4. It has been submitted on behalf of the petitioner that even accepting the complaint case no criminal offence is made out and at best a deficiency in service is demonstrated, However, he is ready to return the mobile phone to the complainant. The complainant had initially agreed to such return, but he has been continuously absent. 5. In view of such, the application is allowed and the entire proceeding including the order dated 21.12.2011 passed by the Judicial Magistrate, 1st class, Patna in Complaint Case No. 1964(c) of 2011 is hereby quashed. 6. If at all the complainant still desires return of the mobile phone, he may approach the petitioner for the same. Application allowed.