Neutral Citation No. - 2025:AHC:76783-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 8497 of 2025 Petitioner :- Arun Kumar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surendra Kumar Tripathi Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record. 2. The instant writ petition has been filed by the petitioners with the prayer to quash the FIR dated 06.03.2025 giving rise to Case Crime No. 0034 of 2025, under Sections 137(2), 87 of Bhartiya Nyay Sanhita (BNS), 2023, Police Station Matsena, District Firozabad. 3. Learned counsel for the petitioners has submitted that from the allegations made in the first information report, prima facie no offence, complained of, is disclosed against the petitioners and as such, the impugned first information report is liable to be quashed. 4. Per contra, learned AGA has submitted that the victim is a minor girl, aged about 17 years and as per High School Certificate-Cum-Mark sheet her date of birth has been noted to be 05.02.2008 and as such she is a minor. He has further submitted that from the allegations made in the first information report, prima facie offence is clearly disclosed against the petitioners, therefore, the impugned first information report can not be quashed in view of law laid down by the Hon'ble Apex 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. 5. Having considered the rival submission made by learned counsel for the parties and taking into consideration the fact that the victim is a minor girl, aged about 17 years and as per High School Certificate-Cum-Mark sheet her date of birth has been noted to be 05.02.2008 and as such she is a minor and the allegations made in the FIR and the relevant law cited by learned AGA and the fact that impugned first information report discloses cognizable offence against the petitioners, we are of the opinion that the impugned first information report can not be quashed. 6. 6. The prayer for quashing the impugned first information report is therefore, refused. 7. With the aforesaid observations, the instant writ petition stands dismissed. Order Date :- 12.5.2025 Vikram Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad