Neutral Citation No. - 2025:AHC:38983-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 5105 of 2025 Petitioner :- Smt. Nishi Vishwakarma And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akansha Verma,Deepak Kumar Verma Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Praveen Kumar Giri,J. 1. Heard learned counsel for the petitioners and learned A.G.A. appearing for the State respondents. 2. This writ petition has been filed Seeking quashing of the first information report dated 10.11.2024 registered as Case Crime no. 318 of 2024, under Section 87 of B.N.S., P.S. Khaga, District Fatehpur. 3. The contention of learned counsel for the petitioners is that as per high-school mark-sheet the date of birth of petitioner no. 1 is 6.5.2004 and petitioner no. 2 is 1.1.2003 and both are major and have married with each other out of their own free will and as such no offence under Sections 87 of B.N.S. is made out. It is also pointed out that the petitioners have online applied for registration of their marriage. 4. Learned A.G.A. is not having instructions, however, he submits that in view of the admitted fact that the victim is major, therefore, in the interest of justice, statement of the victim is required to be recorded under Section 183 of B.N.S.S. 5. Be that as it may, the writ petition is disposed off with a direction to the petitioner no.1-Nishi Vishwakarma to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 183 of B.N.S.S., on or before 28.4.2025. 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 of B.N.S.S. 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 from arresting the petitioners pursuant to first information report dated 10.11.2024. Order Date :- 19.3.2025/Lalit Shukla Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad