Pawan Kumar Birla @ Pawan Virla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33672 of 2024 Arising Out of PS. Case No.-4 Year-2017 Thana- PURNEA SADAR District- Purnia ====================================================== Pawan Kumar Birla @ Pawan Virla Son of M.K. Birla Present Address - D.G.M. Shree Cement Limited S.V. 187, Opposite to Rajasthan University J.N.L. Marg, P.S.- Gandhinagar, Distt - Jaipur.(Rajasthan) Permanent Add.- Resident of - C- 481,Nirman Nagar,Near Indo Bharat School,P.S. - Shyam Nagar, Distt - Jaipur (Rajasthan).

... ... Petitioner/s

Versus

1.

The State of Bihar Patna 2.

Rajesh Kumar Son of Late Shivnandan Chaudhary Resident of Village -Chandan Nagar Chowk, Gulab Bagh Purnia, P.S. -Purnia Sadar,Distt -Purnia.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lalit Kishore, Sr. Adv.

Mr.Mohit Shriwastava For the Opposite Party/s :

Mr.Ram Sevak Choudhary For the State :

Mr. Jharkhandi Upadhyay, APP For the Informant :

Mr. Saket Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-03-2025 This case has been notified and heard today on the joint mentioning of both the parties as the matter has been settled between them.

2. Heard Mr. Lalit Kishore, learned senior counsel for the petitioner, learned counsel for the State and Shri Saket Tiwary, learned counsel for the informant.

3. The present application has been filed on behalf of the petitioner for quashing the order dated 18.10.2023 passed by the Chief Judicial Magistrate, Purnea in Purnea Sadar P.S. Case No. 4 of 2017.

4. As per the FIR, the informant has alleged that during the course of building his house at Chandan Nagar Chowk, Gulab Bagh for the commercial purpose, because of

Patna High Court CR. MISC. No.33672 of 2024(10) dt.07-03-2025 2/2 bad quality of Shree Jang Rodhak Cement, he has to suffer a monetary loss of Rs. 20,00,000/-.

5. It has been jointly submitted by the learned counsels for the parties that the parties have amicably settled their dispute and joint prayer has been made by the learned senior counsel for the petitioner as well as learned counsel for the informant that in view of the settlement between the parties, further continuance of the present case is not required.

6. Considering the prayer of the parties that the parties have settled their dispute, in the interest of justice, the order dated 18.10.2023 passed by the Chief Judicial Magistrate, Purnea in Purnea Sadar P.S. Case No. 4 of 2017 and all consequential proceedings arising out of the same are hereby quashed with regard to all the accused persons.

7. Learned counsel for the informant/opposite party no. 2 has undertaken that his client will withdraw all other cases filed in State Consumer Disputes Redressal Commission, Bihar, Patna including Consumer Complaint No. 5 of 2018. (Sandeep Kumar, J) Vikas/- U