Neutral Citation No. - 2025:AHC:66037-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 8358 of 2025 Petitioner :- Smt. Munisha And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vipin Gangwar Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Vipin Gangwar, learned counsel for the petitioners, Sri Anuj Kumar Mishra, 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 12.4.2025, in Case Crime no. 0213 of 2025, under Section 87, 352 BNS, P.S. Nawabganj, District Bareilly. 3. The contention of the learned counsel for the petitioners is that as per AADHAR card, the date of birth of the petitioner no. 1-Munisha is 1.1.2005 and petitioner no. 2-Vikram Singh is 27.5.2003 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, as such no offence as alleged in the FIR is made out. 4. Learned AGA appearing for the State respondents has opposed the petition and submitted that marriage certificate issued by the Arya Samaj is not a valid document and there is not authentic proof of age and as such, statement of the victim under Section 183 BNSS has to be recorded. 5. Be that as it may, the writ petition is disposed off with a direction to the petitioner no.1-Munisha 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. 6. For a period of two months, the respondents are restrained to arrest the petitioners pursuant to first information report dated 12.4.2025, in Case Crime no. 0213 of 2025, under Section 87, 352 BNS, P.S. Nawabganj, District Bareilly. Order Date :- 29.4.2025 Abhishek Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad