Neutral Citation No. - 2025:AHC:61102-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 7756 of 2025 Petitioner :- Suresh Kumar @ Pankaj Tiwari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dinesh Yadav Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard Sri Dinesh Yadav, learned counsel for the petitioner 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 06.07.2024 registered as Case Crime No.0255 of 2024, under Sections 87, 137 (2) of Bharatiya Nyaya Sanhita (BNS), 2023, Police Station Pawai, District Azamgarh and not to arrest the petitioner pursuant to the said FIR. 3. It is stated in the writ petition that the petitioner and the victim are major and they have married with each other out of their own free will and as such no offence under Sections 87, 137 (2) BNS is made out against the petitioner. 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 petitioner 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 submits that in all such matters Hon'ble Apex Court has directed for age determination test of the girl. 6. Be that as it may, the writ petition is disposed of with a direction to the victim to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 183 B.N.S.S., within a week from today. In the event the victim appears before the Chief Judicial Magistrate concerned within the stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 183 B.N.S.S. and also ensure her medical examination for age determination and, thereafter, the Investigating Officer shall proceed strictly in accordance with law. 7. For a period of three months, the respondents are restrained to arrest the petitioners pursuant to impugned first information report. (Anil Kumar-X, J.) (Mahesh Chandra Tripathi, J.) Order Date :- 23.4.2025 RKP Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad