Neutral Citation No. - 2025:AHC:37265-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 3160 of 2025 Petitioner :- Smt. Afreen Kureshi And 4 Others Respondent :- State Of U.P. And 3 Others Hon'ble Vivek Kumar Birla,J. Hon'ble Praveen Kumar Giri,J. 1. Heard Sri Vijay Singh Sengar, learned counsel for the petitioners and Sri Rahul Sinha, learned A.G.A. for the State and perused the record. 2. This writ petition has been filed praying to quash the first information report dated 05.11.2024, registered in Case Crime No. 72 of 2024, under Sections 137(2), 87, 61(2) of Bhartiya Nyay Sanhita (B.N.S.), 2023 , P.S. Satti, District Kanpur Dehat and not arrest the petitioners pursuant to the said FIR. 3. Learned counsel for the petitioners submitted that no offence as alleged is made out as the petitioner nos. 1 and 2 are major and they have performed marriage. It is alleged that the victim, petitioner no.1 herein, was taken away by the petitioners on 03.11.2024 is incorrect as the victim herself has come forward to challenge the impugned F.I.R. by filing joint affidavit. It is also pointed out that as per Aadhar Card, date of birth of petitioner no. 1 is 01.01.2007 and the date of birth of petitioner no. 2 is 01.01.2005 and as such, petitioners nos. 1 and 2 are major on the date of marriage as they have married on their sweet will on 28.01.2025 and no offence as alleged has been committed. 4. Per contra, learned AGA submits that there is no authentic proof regarding age of the petitioner no.1 as Adhar Card is not a valid proof of age and as per instructions no educational certificate is available on record. 5. At this stage, learned counsel for the petitioners has placed reliance upon a judgment of Hon'ble Supreme Court in the case of Suhani vs. State of U.P. reported in 2018 0 Supreme (SC) 1430 and judgement dated 18.7.2023 passed in Criminal Appeal No. 1898 of 2023 (P. Yuvaprakash vs. State Rep. by Inspector of Polic) submits that in all such matters Hon'ble Apex Court has directed for age determination test of the girl. 6. In view thereof, we direct that the petitioner no.1-Smt. Afreen Kureshi be produced before the Magistrate concerned, for recording her statement under section 183 B.N.S.S. and thereafter, she shall be brought before the Chief Medical Officer concerned by the I.O. of the case who shall constitute a panel of three doctors, for her age determination test (ossification test). Both these exercises must conclude on or before 16.05.2025 or within eight weeks from today. 7. It is incumbent upon the petitioners to provide all necessary assistance to the Investigation Officer during investigation, however, the petitioners shall not be arrested during this period. 8. The arrest of the petitioners shall be subject to the 183 B.N.S.S. statement of the girl and her age. 9. In the event, if it is found that she had attained the age of majority and her 183 B.N.S.S. statement favours the petitioner no. 2, then the petitioners shall not be arrested till the submission of report by the police under Section 193 B.N.S.S. Otherwise, the procedure of law would follow against the petitioners and the protection given to the petitioners would automatically stands vacated. 10. With this observation, the writ petition stands disposed of. Order Date :- 17.3.2025 K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad