Vishal Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72618 of 2023 Arising Out of PS. Case No.-852 Year-2018 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Vishal Shah, S/o Binay Kumar Shah, R/o 64/65 Shri Arobindo Road, Salkia, Howrah, Rakhee Cinema Comples, 2nd Floor, Dist.- Howrah, West Bengal711106, At Present Residing at 816 W Royal Ln, Irving, Texas 75036, USA. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Monalish Gupta, W/o Vishal Shah, R/O- 64/65 Shri Arobindo Road, Salkia, Howrah, Rakhee Cinema Comples, 2nd Floor, Dist.- Howrah, West Bengal711106. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Anjani Kumar Jha, Advocate For the State :

Dr. Ajeet Kumar, APP For the O.P. No.2 :

Mr. Vishal Vikram Rana, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-03-2025 It is submitted by learned counsel appearing for the petitioner that in view of the judgment of Hon'ble Supreme Court as passed in SLP (Crl.) No.4297 of 2023 dated 20th February, 2025, the present petition has become infructuous. Therefore, the same be permitted to be withdrawn.

2. The aforesaid submission has also approved by learned counsel appearing for O.P. No.2.

3. A copy of the aforesaid judgment of Hon'ble Supreme Court has been supplied by learned counsel appearing for petitioner, wherein the Hon'ble Supreme Court

Patna High Court CR. MISC. No.72618 of 2023(9) dt.21-03-2025 2/3 observed in para 47 as under:- "47. Resultantly, we conclude as below: - a. The judgments/orders dated 15th September, 2022 passed by the learned Judicial Magistrate, Howrah and 25th January, 2023 passed by the High Court are quashed and set aside.

b. The application filed by the appellanthusband, under Article 142(1) of the Constitution of India, is allowed and the marriage between the appellant and the respondent is dissolved on the ground of irretrievable breakdown of marriage. The Registry to draw a decree accordingly.

c. Consequently, all the criminal cases/DV Act complaints and civil cases pending between the respondent and the appellant and his family members shall stand closed.

d. The appellant shall deposit a sum of Rs.25,00,000/- (Rupees Twenty-Five Lakhs only) in the Registry of this Court as the amount of permanent alimony payable to the respondent within two months from today. This amount shall be disbursed to the respondent within a period of two weeks thereafter. An undertaking to that effect shall be filed before this Court within two weeks from today. We also make it clear that if the respondent refuses to accept the aforesaid amount and fails to draw the same from the Registry within

Patna High Court CR. MISC. No.72618 of 2023(9) dt.21-03-2025 3/3 the aforesaid period, the same shall be repaid to the appellant.

e. The passport of the appellant shall be released by the authorities concerned within a period of one week from today."

4. In view of aforesaid and by taking note of submissions as advanced by learned counsel appearing for petitioner, the present petition stands dismissed being infructuous.

(Chandra Shekhar Jha, J.) Sanjeet/- U T