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Neutral Citation No. - 2025:AHC:72327-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 8933 of 2025 Petitioner :- Muskan And Another Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Ankit Singh,Saurabh Tripathi Counsel for Respondent :- Anurag Pandey,G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J.
1. Heard learned counsel for the petitioners and learned A.G.A. for the State respondents.
2. This writ petition has been filed praying to quash the first information report dated 27.03.2025 registered as Case Crime No.113 of 2025, under Section 87 of B.N.S., Police Station Rasulabad, District Kanpur Dehat and not to arrest the petitioners pursuant to the said FIR.
3. Learned counsel for the petitioners submits that as per Aadhar & PAN cards, the dates of birth of the petitioners are 01.01.2006 and 14.10.2006 respectively and as such, both the petitioners are major. They are living in relationship and no offence under Section 87 of B.N.S. is made out.
4. Be that as it may, the writ petition is disposed of with a direction to the petitioner No.1 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 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 B.N.S.S. and thereafter, the Investigating Officer shall proceed strictly in accordance with law.
5. For a period of six weeks from today, the respondents are restrained to arrest the petitioners pursuant to the impugned first information report dated 27.03.2025. . (Anil Kumar-X, J.) (Mahesh Chandra Tripathi, J.) Order Date :- 6.5.2025 RKP Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad