Neutral Citation No. - 2025:AHC-LKO:42790-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6616 of 2025 Petitioner :- Ashish Gautam @ Ashish Kumar And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Ashutosh Mishra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioners and learned A.G.A. for the State. This petition has been filed by the petitioners with the following main prayer : "a. To, issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 12.07.2025 lodged by the respondent no.4 in Case Crime No. 0136 of 2025 U/s 137(2), 87 Police StationManikpur, District Pratapgarh, so far as it relates to petitioner no.1. b. To, issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 and 3 not to arrest the petitioner no.1 in Case Crime No. 0136 of 2025 U/s 137(2), 87 Police Station Manikpur, District Pratapgarh. c. To, issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 and 3 to make it sure that the life and property of the petitioners may not be interfered with any illegal and coercive act so adopted by the respondent no.4 and his men." Learned counsel for the petitioners submits that both the petitioners are in love and are living together. Although the petitioner no.1 was married to the petitioner no.2, he cannot legally marry her as he himself is not of marriageable age, his date of birth is 30.06.2005, which is evident from the High School Certificate-cum-Marks-sheet annexed as Annexure No.3 to the writ petition. It has also been submitted by learned counsel for the petitioners that opposite party no.4 being father of petitioner no.2 is harassing the petitioners and, out of annoyance, has lodged the impugned F.I.R. showing the petitioner no.2 to be below 18 years of age. It is admitted by the petitioners that at the time when the petitioner no.2 left her home, she was below 18 years of age. However, it is submitted that she has since attained the age of majority and is now entitled to live with whomever she wishes. Considering the facts and circumstances of the case, the petitioner no.1 is directed to produce the petitioner no.2 before the Station House Officer, Police Station Manikpur, District Pratapgarh on 31.07.2025 at 2:00 P.M. to get her statement recorded under Sections 180 and 183 of BNSS. The Station House Officer, Police Station Manikpur, District Pratapgarh shall ensure that such statement is recorded within 48 hours of the production of the victim and shall take appropriate action in the matter. Till the appropriate report is submitted to the Magistrate concerned, the arrest of the petitioner in pursuance of the impugned First Information Report, shall remain stayed, of course, subject to the restraint that the petitioners shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation. The writ petition is disposed of. Order Date :- 25.7.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench