Neutral Citation No. - 2025:AHC:52010-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 6646 of 2025 Petitioner :- Sumit Kushwaha And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Om Prakash Yadav 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 AGA for State respondents. 2. Present writ petition has been filed praying to quash the impugned First Information Report dated 21.03.2025 being Case Crime No. 103 of 2025 under Section 87 BNS, P.S. Nawabad, Distt. Jhansi and for a direction to respondents not to arrest the petitioners pursuant to impugned FIR. 3. It is submitted that the victim is major but first petitioner is not of marriageable age. However, they are living in relationship out of their own free will and consent. The victim has also filed affidavit in this writ petition stating that the impugned FIR has been lodged totally on false allegations just to harass the petitioners and as such no offence under the aforesaid Section is made out. 4. Be that as it may, the writ petition is disposed off with a direction to the Investigating Officer to produce the victim before the concerned Chief Judicial Magistrate for recording her statement under Section 183 of BNSS within two weeks from today. In the event the victim appears before the concerned Chief Judicial Magistrate within the stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 183 BNSS and, thereafter, the Investigating Officer shall proceed in accordance with law. 5. For a period of two months from today, the respondents are restrained to arrest the petitioners pursuant to the impugned F.I.R. subject to cooperation in the on- going investigation. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 9.4.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad