Neutral Citation No. - 2025:AHC:74173-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 7864 of 2025 Petitioner :- Smt. Sainoor And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Mohammad Khalid,Pawan Kumar Yadav Counsel for Respondent :- Anil Kumar,G.A.,Nirbhay Singh Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J. 1. Short counter affidavit filed by learned AGA, today in court, is taken on record. 2. Heard learned counsel for the petitioners, Shri Anil Kumar learned counsel for the respondent no. 4 and learned A.G.A. for the State and perused the record. 3. The instant writ petition seeks quashing of the FIR dated 27.03.2025, giving rise to Case Crime No.0104 of 2025, under Sections 87, 137(2) BNS, P.S. Ganjdundwara, District Kasganj. 4. Learned counsel for the petitioners has submitted that from the allegation made in the first information report, prima facie no offence, complained of, is disclosed against the petitioner no.2 and, as such, the instant first information report is liable to be quashed. 5. Per contra, learned AGA has submitted that as per the Ossification Test, the victim is a minor girl aged about 17 years and from the allegation made in the first information report, prima facie offence, complained of is clearly disclosed against the petitioner no.2 and, as such, the first information report cannot be quashed in view of the law laid down by the Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779, Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315 and in a recent decision of the Hon'ble Apex Court in Criminal Appeal No. 843 of 2024, Directorate Enforcement Vs. Niraj Tyagi and others. 6. Having considered the rival submissions made by the learned counsel for the parties and taking into consideration the allegations made in the FIR and the relevant law cited by the learned AGA and the fact that impugned FIR disclosed cognizable offence, we are of the opinion that the impugned FIR cannot be quashed. 7. The prayer for quashing the impugned first information report is, therefore, refused. 8. However, in case, the petitioner no.2 files an application for anticipatory/regular bail before the appropriate Court, his bail application be considered and disposed of as expeditiously as possible, in accordance with law. 9. With these observations, the instant writ petition is disposed of. Order Date :- 7.5.2025 R Digitally signed by :- RAM ASARE MORYA High Court of Judicature at Allahabad