Neutral Citation No. - 2025:AHC:34375-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 4543 of 2025 Petitioner :- Sher Singh And 5 Others Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Chandra Prakash Pandey Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Heard Sri Arvind Kumar Patel, holding brief of Sri Chandra Prakash Pandey, learned counsel for the petitioners, Sri Amit Sinha, learned A.G.A. for the State and perused the record. 2. This writ petition has been filed Seeking quashing of the first information report dated 23.1.2025, in Case Crime no. 0015 of 2025, under Section 123, 64(2)(m), 89, 191(2), 351(2) BNS, P.S. Fatehgarh Kotwali, District Fatehgarh. 3. Admittedly, the informant is aged about 22 years as per the first information report itself and her date of birth as per the High School certificate is 1.1.2003. It is submitted that she was having physical relationship since 2022 and that she also got pregnant thrice. It is submitted that therefore present criminal prosecution lodged by filing an application under Section 173 (3) BNSS alleged that the rape was committed is absolutely mala fide and no offence as alleged is made out. It is submitted that in fact she has filed an affidavit in support of present petition wherein it is stated that now she has marred the petitioner no. 1-Sher Singh on 2.2.2025. 4. Learned AGA and the learned counsel for the informant have opposed the petition and submitted that marriage registration certificate issued by Arya Samaj Sansthan, Prayagraj is of no relevance and cannot be treated as authentic proof of age. 5. Be that as it may, the writ petition is disposed off with a direction to the respondent no. 3-Smt. Rich w/o Sher Singh (informant) to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 183 BNSS, on or before 21.4.2024. In the event, respondent no. 3- Smt. Rich w/o Sher Singh (informant) appears before the Chief Judicial Magistrate concerned within the stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 183 BNSS in further two weeks 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 first information report dated 23.1.2025, in Case Crime no. 0015 of 2025, under Section 123, 64(2)(m), 89, 191(2), 351(2) BNS, P.S. Fatehgarh Kotwali, District Fatehgarh. Order Date :- 10.3.2025 Abhishek Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad