Neutral Citation No. - 2025:AHC:29310-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 3990 of 2025 Petitioner :- Yaksha Kumar @ Daksha @ Dada And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Avanish Tripathi 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 and perused the record. 2. This writ petition has been filed praying to quash the first information report dated 03.02.2025 registered as Case Crime No.0029 of 2025, under Sections 137(2) of B.N.S., 2023, P.S. - Islam Nagar, District- Budaun and not to arrest the petitioners pursuant to the said FIR. 3. It is stated in the writ petition that both the petitioners are major and are living in relationship out of their own free will and as such no offence under Section 137(2) of B.N.S., 2023. is made out. 4. Per contra, learned AGA submits that no authentic proof of age is appended with the writ petition. 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 submits that in all such matters Hon'ble Apex Court has directed for age determination test of the girl. 6. Be that as it may, the writ petition is disposed of with a direction to the petitioner No.2 to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 183 B.N.S.S., within a week from today. In the event the petitioner No.2 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. and also ensure her medical examination for age determination and, thereafter, the Investigating Officer shall proceed strictly in accordance with law. 7. For a period of three months, the respondents are restrained to arrest the petitioners pursuant to first information report dated 03.02.2025. Order Date :- 3.3.2025 Sachin (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad