Neutral Citation No. - 2025:AHC:83529-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 10182 of 2025 Petitioner :- Smt Diksha And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shashi Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Ms. Prachi Shukla holding brief of Sri Shashi Kumar Mishra, learned counsel for the petitioners, Sri Rahul Asthana, learned A.G.A. for the State and perused the record. 2. Learned counsel for the petitioners has filed the certified copy of the FIR, the same is taken on record. 3. This writ petition has been filed seeking quashing of the first information report dated 03.05.2025 registered as Case Crime no.114 of 2025, under section 87 B.N.S., P.S. Atarra, District Banda. 4. The contention of learned counsel for the petitioners is that petitioner no.1 left her home on her own sweet will as the informant side was forcing her to marry for which she was not ready and admittedly, this fact is clearly reflected from the impugned FIR itself. Admittedly, petitioner no.1 is major as per FIR itself and also as per her High School Certificate in which her date of birth is mentioned as 25.08.2006 and she has come forward to challenge the impugned FIR. Petitioner no. 2 is also major, his date of birth being 01.01.1997 as per PAN Card. The petitioner no.1 and petitioner no.2 have solemnized marriage on 5.5.2025 and the same was registered on 8.5.2025 before the Marriage Registration Officer. 5. Learned counsel for the State pointed out that although the statement of the victim was recorded under Section 183 B.N.S.S. on 11.5.2025 and in her statement she has not made any statement that her marriage has already been registered on 8.5.2025 and therefore in the interest of justice her statement under Section 183 B.N.S.S. should be recorded. 6. Be that as it may, the writ petition is disposed of with a direction to petitioner no.1 Arti Devi daughter of Ram Jiavan to appear before the Chief Judicial Magistrate concerned for recording her statement under section 183 B.N.S.S. on or before 16.06.2025. 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 B.N.S.S. in further two weeks and thereafter the Investigating Officer shall proceed in accordance with law. 7. For a period of two months, the respondents are restrained to arrest the petitioners pursuant to the impugned first information report dated 03.05.2025. Order Date :- 19.5.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad