Neutral Citation No. - 2025:AHC:24190-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 3216 of 2025 Petitioner :- Smt. Shana And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohammad Faisal Khan Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State. 2. This writ petition has been filed seeking quashing of the impugned First Information Report dated 05.02.2025 registered as Case Crime No.36 of 2025 under sections 137(2) B.N.S. Police Station Bhawanpur, District Meerut and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report. 3. Learned counsel for the petitioners submits that both petitioners belong to a minority community. He has placed reliance upon paragraph 12 of the writ petition and states that Petitioner No.1 is entering into her first marriage, while Petitioner No.2 is entering into his second marriage. Since the first wife of Petitioner No.2 was not blessed with a child, she has consented to arrange his second marriage. As per Muslim law, he has the right to marry again. He further contends that both petitioners are major and have married each other of their own free will, and as such, no offence under the aforesaid section is made out. 4. Be that as it may, the writ petition is disposed off with a direction to the Investigating Officer to record the statement of petitioner no.1 under Section 180 BNSS and to 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 the stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 183 BNSS and also ensure her medical examination for age determination and, thereafter, the Investigating Officer shall proceed in accordance with law. 5. For a period of two months from today, the respondents are restrained to arrest the petitioners pursuant to the impugned F.I.R. subject to cooperation in the on- going investigation. Order Date :- 19.2.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad