CRM No. M 13537 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 13537 of 2010 Date of decision: 01.07.2010 Gulshan Bano and another ........ Petitioners Versus U T Chandigarh through its SSP and others .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: None for the petitioner Mr. Sukant Gupta, Advocate for the UT, Chandigarh -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. (Oral) This is a petition under Section 482 of the Code of Criminal Procedure for issuance of direction to respondents No. 1 and 2 for arrest of respondents No. 3 to 5 in FIR No. 68 dated 16.03.2010 under Sections 363 and 366 of Indian Penal Code, registered at Police Station Sector 11, Chandigarh. Learned State counsel has also placed on record a copy of the order dated 13.05.2010 passed by Additional Sessions Judge, Chandigarh in a petition under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to Mohammad Furkan, the alleged husband of Salma. In CRM No. M 13537 of 2010 2 the aforesaid order, the learned Additional Sessions Judge, Chandigarh, while granting bail, in para 5, observed that:- “5. According to the age certificate issued by CMO, Dehradun, Salma is 20 years old. A certificate issued by Kaji shows that their marriage (Nikah) was solemnised before him whose statement has been recorded by IO. On the other hand, as per Muslim law, a muslim girl is capable of giving in marriage if she has attained age of puberty i.e. 9 years under both Sunni and Shia Law. Accordingly to School certificate, her date of birth is 14.07.1994, so she was more than 15 years on that date In these circumstances arrest of petitioner is stayed till 28.05.2010. Meanwhile, Investigating Officer is directed to record statement of Salma.” On instructions from SI Gurdial Singh, learned State counsel states that the statement of the girl, namely Salma was duly recorded by the police. As per her statement, she is major and has married accused Mohd. Furkhan out of her own sweet will and is happily residing with him. In view of the above, no further order is required to be passed in the present petition and the same is accordingly dismissed. (Nirmaljit Kaur) Judge 01.07.2010 mohan