HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- CRIMINAL MISC. WRIT PETITION No. - 16612 of 2015 Petitioner :- Smt. Sadhna @ Chhutaki And 3 Ors Respondent :- State Of U.P. And 2 Ors Counsel for Petitioner :- Ramesh Prasad Counsel for Respondent :- Govt.Advocate Hon'ble Sudhir Agarwal,J.
Hon'ble Brijesh Kumar Srivastava-II,J.
Heard learned counsel for petitioners and learned AGA appearing for State.
It is stated that the girl is major and as per High School Certificate-cum-Marks Sheet a copy whereof has been filed as Annexure - 2 (wrongly mentioned as Annexure - 3) to writ petition, her date of birth is 07.05.1997 and she married with petitioner No. 2. After marriage both are living peacefully, hence no offence under Sections 363, 366 IPC, PS Sumerpur, District Hamirpur, is made out.
In our view, the matter requires consideration.
Issue notice to respondent No. 3.
Respondents No. 1 and 2 are represented by learned AGA who prays for and is allowed two weeks time to file counter affidavit.
Steps be taken within a week.
Until further orders, further proceedings of Case Crime No. 991 of 2015 under Sections 363, 366 IPC, PS Sumerpur, District Hamirpur shall remain stayed.
Order Date :- 13.7.2015 LBY