Patna High CourtCR. MISC./78456/2023disposed

Juhi Choudhari v. The State Of Bihar

2025-07-18Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78456 of 2023 Arising Out of PS. Case No.-277 Year-2021 Thana- PHULWARISHARIF District- Patna ====================================================== JUHI CHOUDHARI WIFE OF SANJEEV KUMAR RESIDENT OF VILLAGE - C/O-RAMAWATI DEVI , NEAR SHIV MANDIR, RASTRIYAGANJ, BIRLA COLONY, PS- PHULWARISHARIF, DISTPATNA ... ... Petitioner/s

Versus

The State of Bihar 2.

SANJEEV KUMAR SON OF BANSHIDHAR SINGH RESIDENT OF VILLAGE - C/O-RAMAWATI DEVI , NEAR SHIV MANDIR, RASTRIYAGANJ, BIRLA COLONY, PS- PHULWARISHARIF, DISTPATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Mritunjay, Adv.

For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-07-2025 Heard the parties.

2. The present application has been filed:

for quashing of the order dated 02.02.2023 passed in Criminal Miscellaneous No. 23514 of 2022 arising out of Phulwarisharif P.S. Case No. 277/2021 for the offences under Section 498(A) of the Indian Penal Code and under Section 3/4 of Dowry Prohibition Act.

3. Despite the positive order passed on 18.04.2025 where the couple settled as one time alimony of Rs. 8,50,000/- of which Rs. 4,25,000/- draft was handed over while the rest amount was to be delivered to her after the final order is passed,

Patna High Court CR. MISC. No.78456 of 2023(7) dt.18-07-2025 2/3 deadlock continues.

4. The contention of the petitioner is that he was ready with draft of Rs. 4,25,000/- issued by the State Bank of India, Bailey Road (Patna Branch) dated 17.06.2025 in the name of the lady, Juhi Choudhary but since nothing happened on the last hearing (18.06.2025), the draft could not be handed over to her.

5. In such cat and mouse game, in the opinion of the Court, the matter will keep on lingering. In that background, since the Court has already recorded that the lady has agreed for one time permanent alimony and has already received a draft of Rs. 4,25,000/- earlier, let her receive the second and final draft of Rs. 4,25,000/-, details of which has already been recorded above.

6. The lady is duty-bound to see to it that the matter is taken to its logical conclusion in connection with Divorce Suit No. 1205 of 2024 (Juhi Choudhary Vs. Sanjeev Kumar) pending before the Court of learned Principal Judge, Family Court, Patna.

7. The concerned Court has to take cognizance of the last order dated 18.04.2025 as also the present order to take the matter to its logical conclusion in the aforesaid background.

8. Needless to add, once the entire process comes to

Patna High Court CR. MISC. No.78456 of 2023(7) dt.18-07-2025 3/3 an end, the lady is duty-bound to take away all her belongings from the house of Sanjeev Kumar.

9. Let a photocopy of the draft be kept on record.

10. Mr. Nirmal Kumar shall be handing over a fresh draft in favour of the lady, Juhi Choudhary.

11. Accordingly, the matter stands disposed of. (Rajiv Roy, J) Vijay Singh/- U T