Neutral Citation No. - 2025:AHC:54487-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 7092 of 2025 Petitioner :- Smt. Seema And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Yadav 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. for the State and perused the record. 2. This writ petition has been filed Seeking quashing of the first information report dated 22.3.2025 registered as Case Crime no. 61 of 2025, under Section 87 of B.N.S., P.S. Fatehpur Sikari, District Agra. 3. The contention of learned counsel for the petitioners is that as per high-school certificate the date of birth of petitioner no. 1 is 1.1.2007 and petitioner no. 2 is 20.1.2004 and both are major and have married with each other out of their own free will and as such no offence under Section 87 of B.N.S. is made out. It is next submitted that the joint affidavit has been filed in the present case and their marriage has already been registered. 4. Learned A.G.A. although submits that he is not having instructions, however, in any case, statement of the victim-petitioner no. 1 is to be recorded. 5. Be that as it may, the writ petition is disposed off with a direction to the petitioner no.1-Seema to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 183 of B.N.S.S., on or before 26.05.2025. 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 to arrest the petitioners pursuant to first information report dated 22.3.2025. Order Date :- 15.4.2025 Lalit Shukla Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad