Neutral Citation No. - 2025:AHC:65232-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 8221 of 2025 Petitioner :- Antima Gautam And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sheetal Prasad Chakravorty,Shivani Chaudhary Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Ms. Shivani Chaudhary, learned counsel for the petitioners and Sri Pankaj Kumar, 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 28.3.2025 in Case Crime no. 0068 of 2025 under Sections 137 (2), 87, 61 (2) BNS, P.S. Sikrara, District Jaunpur with further prayer to stay the arrest of the petitioners pursuant to the said FIR. 3. The contention of the learned counsel for the petitioners is that as per their High School marksheets, the date of birth of petitioner no. 1 is 01.1.2005 and that of petitioner no. 2 is 24.2.2002 and both are major and have married with each other out of their own free will. Certificate issued by Arya Samaj Mandir, Fatehpur has also been annexed as Annexure No. 2 to that effect. The petitioners have applied for registration of their marriage vide online application dated 11.4.2025, as such, no offence under Section 87 BNS is made out. It is further submitted that petitioner no.1/victim has also come forward to challenge the impugned FIR by filing joint affidavit. 4. Learned AGA submits that certificate issued by Arya Samaj is not a valid proof of marriage, therefore, it is necessary that statement of the victim may be recorded under section 183 BNSS. 5. Accordingly, the present petition is disposed of with the direction to petitioner no.1-Antima Gautam daughter of Sri Bansh Lochan to appear before the Chief Judicial Magistrate concerned for recording of her statement under Section 183 BNSS on or before 30.5.2025. 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. 6. For a period of two months, the respondents are restrained from arresting the petitioners pursuant to the impugned FIR. Order Date :- 28.4.2025 Madhurima Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad