Neutral Citation No. - 2025:AHC:34992-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4484 of 2025 Petitioner :- Leelu @ Tarun Kumar And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Singh,Vishal Kumar Sonkar 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 21.02.2025 registered as Case Crime No.0104 of 2025, under Sections 75(2), 87, 61(2) of B.N.S., 2023, Police Station-Chandpur, District-Bijnor and not to arrest the petitioners pursuant to the said FIR. 3. The contention of learned counsel for the petitioners is that as per Aadhar Cards, the date of birth of petitioner no. 1 is 01.07.1999 and petitioner no. 2 is 10.08.1998 and both are major and have solemnized marriage in Arya Samaj, Krishna Nagar, Prayagraj out of their own free will and as such no offence under Sections 75(2), 87, 61(2) of B.N.S., 2023 is made out. It is also submitted that petitioner nos.3 and 4 are parents of petitioner no.1 and they have no role in the alleged incident. 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 judgment dated 18.7.2023 passed in Criminal Appeal No. 1898 of 2023 (P. Yuvaprakash vs. State Rep. By Inspector of Police) and 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.2-Sony be produced before the Magistrate concerned, for recording her statement under section 183 B.N.S.S., 2023 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 within six 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., 2023 statement of the girl and her age. 9. In the event, if it is found that she has attained the age of majority and her 183 B.N.S.S, statement favours the petitioner no.1, then the petitioners shall not be arrested till the submission of report by the police under section 193(3) B.N.S.S., 2023. OTHERWISE, the procedure of law would follow against the petitioners and the protection given to the petitioners would automatically stand vacated. 10. With this observation, the writ petition stands disposed of. Order Date :- 10.3.2025 Manish Himwan (Prashant Kumar,J.) (M.C. Tripathi,J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad