Neutral Citation No. - 2025:AHC:62207-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 7958 of 2025 Petitioner :- Smt. Laxmi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Shiromani Yadav Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Ram Shiromani Yadav, learned counsel for the petitioners and Sri Jai Narayan, 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 1.4.2025, in Case Crime no. 102 of 2025, under Section 87 BNS, P.S. Dhanari, District Sambhal. 3. At the very outset, learned counsel for the petitioners prays that he may be permitted to correct the prayer clause. 4. Prayer aforesaid is allowed. He may do so during the course of day. 5. The contention of the learned counsel for the petitioners is that as per High School certified, the date of birth of the petitioner no. 1-Laxmi is 20.4.2007 and as per Aadhar Card petitioner no. 2-Pravesh is 1.1.2004 and both are major and have married with each other out of their own free will and they have applied online for registration of their marriage, and as such no offence under Section 87 BNS. is made out. 6. Learned AGA appearing for the State respondents has opposed the petition and submits that as per the FIR the victim is 19 years and in any case statement of the victim under Section 183 BNSS has to be recorded. 7. Be that as it may, the writ petition is disposed off with a direction to the petitioner no.1-Laxmi to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 183 BNSS, on or before 26.5.2025. 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 BNSS in further two weeks and thereafter the Investigating Officer shall proceed in accordance with law. 8. For a period of two months, the respondents are restrained to arrest the petitioners pursuant to first information report dated 1.4.2025, in Case Crime no. 102 of 2025, under Section 87 BNS, P.S. Dhanari, District Sambhal Order Date :- 24.4.2025 Abhishek Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad