Neutral Citation No. - 2025:AHC:12446-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 1532 of 2025 Petitioner :- Anjali And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shakil Ahmad Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record. 2. The instant writ petition has been filed by the petitioners with the prayer to quash the FIR dated 19.12.2024 giving rise to Case Crime No. 0390 of 2024, under Sections 137(2) of B.N.S., Police Station Tamkuhiraj, District Kushinagar. 3. Learned counsel for the petitioners has submitted that from the allegations made in the first information report, prima facie no offence, complained of, is disclosed against the petitioners and as such, the impugned first information report is liable to be quashed. 4. Per contra, learned AGA for the State has vehemently opposed the said prayer and has pointed out that the victim, in fact, is a minor girl, aged about 16 years and her date of birth as recorded in School Leaving Certificate is 05.11.2008. 5. Learned AGA has next submitted that from the allegations made in the first information report, prima facie offence is clearly disclosed against the petitioners, therefore, the impugned first information report can not be quashed in view of law laid down by the Hon'ble Apex Court in the cases of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779, Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315 and in a recent decision of the Hon'ble Apex Court in Criminal Appeal No. 843 of 2024, Directorate Enforcement Vs. Niraj Tyagi and others. 6. Having considered the rival submissions made by learned counsel for the parties and taking into consideration the fact that the victim is a minor girl, aged about 16 years and her date of birth is 05.11.2008 as recorded in School Leaving Certificate and the relevant law cited by learned AGA for the State and the fact that impugned first information report discloses cognizable offence against the petitioners, we are of the opinion that the impugned first information report can not be quashed, therefore, the prayer for quashing the impugned first information report is refused. 7. 7. However in case, the petitioners move an application for regular bail before the appropriate court, their bail application shall be considered and disposed of as expeditiously as possible in accordance with law. 8. With the aforesaid observations, the instant writ petition is finally disposed of. Order Date :- 24.1.2025 Nadim Digitally signed by :- NADIM ALAM High Court of Judicature at Allahabad