Neutral Citation No. - 2025:AHC:80060-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 9783 of 2025 Petitioner :- Smt. Ashmin And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kashi Naresh Mishra Counsel for Respondent :- Anshu Mishra,G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Kashi Naresh Mishra, learned counsel for the petitioners, Sri Anand Prasad Pandey holding brief of Sri Anshu Mishra, learned counsel for the informant and 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 5.4.2025 in case crime no. 175 of 2025, under section 87, 137(2) BNS, Police Station Tappal, District Aligarh. Further prayer has been made not to arrest the petitioners in the aforesaid case. 3. Learned counsel for the informant has filed a short counter affidavit annexing therein an affidavit to the effect that her sister is aged about 21 years, she has voluntarily left the home without taking cash or articles and he does not want to press the present criminal prosecution. 4. Learned counsel for the petitioner has also drawn attention to the annexure no. 4 to the petition that parents of the victim have given joint affidavit to the effect that victim is aged about 21 years as per educational certificate issued by Jantabal Viddya Mandir Jattari, Aligarh. It is further submitted that victim Ashmin has married with Tahir as per Muslim rites and rituals on 29.4.2025. 5. Per contra, learned AGA submitted that even if aforesaid facts are admitted, in the interest of justice, the statement of victim is to be recorded under section 183 B.N.S.S. 6. We find that in the first information report age of victim is shown as 14 years, therefore, in the light of judgement of Hon'ble Supreme Court in the case of Suhani vs. State of U.P. reported in 2018 SCC Online SC 781 and judgement dated 18.7.2023 passed in Criminal Appeal No. 1898 of 2023 (P. Yuvaprakash vs. State Rep. by Inspector of Police), we direct that the petitioner no.1 Ashmin D/O Yamin Khan be produced before the Magistrate concerned, for recording her statement under section 183 B.N.S.S. and thereafter, she shall be brought before the Chief Medical Officer concerned by the I.O. of the case who shall constitute a panel of three doctors, for her age determination test (ossification test). Both these exercises must conclude within six weeks from today. 7. It is incumbent upon the petitioners to provide all necessary assistance to the Investigation Officer during investigation, however, the petitioners shall not be arrested during this period. 8. The arrest of the petitioners shall be subject to the statement of the girl recorded under section 183 B.N.S.S. and her age. 9. In the event, if it is found that she had attained the age of majority and her 183 B.N.S.S. statement favours petitioner no. 2, then, the petitioners shall not be arrested till submission of report by the police under section 193 (3) B.N.S.S. OTHERWISE, the procedure of law would follow against the petitioners and the protection given to the petitioners would automatically stands vacated. 10. With this observation, the writ petition stands disposed of. Order Date :- 15.5.2025 SY Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad