Neutral Citation No. - 2025:AHC:21262-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 2597 of 2025 Petitioner :- Kumkum And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nagendra Kumar Singh Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vipin Chandra Dixit,J. 1. Heard Sri N.K. Singh, learned counsel for the petitioners, learned A.G.A. for the State-respondents and Sri Satish Chandra Tiwari, learned counsel appearing on behalf of informant. 2. This writ petition has been filed praying to quash the first information report dated 23.01.2025 registered as Case Crime No.0026 of 2025, under Section 87 BNS, 2023, P.S. Bisauli, District Budaun and not to arrest the petitioners pursuant to the said FIR. 3. Learned counsel for the petitioners submits that no case is made out under Section 87 of B.N.S., 2023 as the petitioners are major. It is also claimed that both the petitioners have also solemnized their marriage out of their own free will. 4. The said relief is resisted by learned counsel for the informant on the ground that as the second petitioner is already married to one Premvati and with the previous wedlock, he was also blessed with a one year old baby girl. 5. Considering the aforesaid facts and circumstances of the case as well as the claim as has been set up before this Court that both have solemnized marriage and it is the first marriage of second petitioner is false, we are not inclined to keep this matter and the instant writ petition stands disposed off with a direction to the Investigating Officer to record the statement of petitioner no.1 under Section 180 BNSS and also produce the petitioner no.1 before the concerned Chief Judicial Magistrate for recording her statement under Section 183 BNSS within two weeks from today. In the event, the petitioner no.1 appears before the concerned Chief Judicial Magistrate within stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 183 BNSS and also ensure her medical age determination and thereafter the Investigating Officer shall proceed in accordance with law. 6. For a period of two months, the respondents are restrained to arrest the petitioners pursuant to impugned first information report. Order Date :- 13.2.2025 Virendra Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad