Neutral Citation No. - 2025:AHC:22928-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 3085 of 2025 Petitioner :- Smt. Rashmi Yadav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Nalin Kumar Srivastava,J. Heard Sri Mohan Kant Baghel, holding brief of Sri. Sunil Kumar Yadav, learned counsel for the petitioners and Mr. Amit Sinha, learned A.G.A for the State and perused the record. This writ petition has been filed seeking quashing of the first information report dated 01.02.2025 in Case Crime No. 0033 of 2025, under Section 87 B.N.S., P.S. Kotwali Dehat, District Etah. The submission of learned counsel for the petitioners is that admittedly even as per the First Information Report, the petitioner No.1 herein Rashmi Yadav is aged about 20 years and as per High School certificate annexed as Annexure No. 2 to the writ petition, her date of birth is 02.05.2005 and she is major. It is next submitted that the petitioner No.1 and 2 have performed marriage with each other out of their own free will, the victim herself has come forward to file the present petition annexing joint affidavit and as such no offence under Section 87 B.N.S. is made out. Learned A.G.A submits that the marriage certificate as annexed in the present petition cannot be treated as an authentic proof of marriage and, therefore, it is necessary that the statement of the victim be recorded under Section 183 B.N.S.S. Be that as it may, the writ petition is disposed off with a direction to the petitioner no.1-Smt. Rashmi Yadav, daughter of Brajesh Kumar to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 183 of B.N.S.S. on or before 28.03.2025. In the event, petitioner no.1 appears before the Chief Judicial Magistrate concerned within the stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 183 B.N.S.S. in further two weeks and thereafter the Investigating Officer shall proceed in accordance with law. For a period of two months, the respondents are restrained to arrest the petitioners pursuant to first information report dated 01.02.2025 in Case Crime No. 0033 of 2025, under Section 87 B.N.S., P.S. Kotwali Dehat, District Etah. Order Date :- 18.2.2025 NSC Digitally signed by :- NARENDRA SINGH CHAUDHARY High Court of Judicature at Allahabad