Neutral Citation No. - 2025:AHC:51294-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 6559 of 2025 Petitioner :- Sakshi Kushwaha And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arun Kr. Soni 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 17.02.2025 registered as Case Crime No.0071 of 2025, under Sections 87, 137(2) of B.N.S., 2023, Police Station-Panki, District-Paschimi Commissionerate, Kanpur Nagar and not to arrest the petitioners pursuant to the said FIR. 3. The contention of learned counsel for the petitioners is that both the petitioners are major and have married with each other out of their own free will and as such no offence under Sections under Sections 87, 137(2) of B.N.S., 2023 is made out. It is also submitted that all the documents of age proof of petitioners have enclosed document to prove them to be major. 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.1-Sakshi Kushwaha 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 (petitioner no.1) and her age determination. 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 petitioner no.2, 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 :- 9.4.2025 Manish Himwan (Prashant Kumar,J.) (M.C. Tripathi,J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad