Neutral Citation No. - 2025:AHC:85240-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 10368 of 2025 Petitioner :- Nisha And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anjali,Pramod Kumar Singh Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Ms. Anjali, learned counsel for the petitioners, Shri Ghanshyam Kumar, 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 22.04.2025, registered as case crime no.069/2025, under sections 87, 137(2) BNS, Police Station Kudhfatehgah, District Sambhal and further not to arrest the petitioner pursuant to said FIR. 3. The contention of the learned counsel for the petitioners is that the impugned FIR has been lodged with patently misconceived allegation and no offence whatsoever either under section 137(2) or under Section 87 BNS has been made out. By drawing attention to the FIR dated 04.08.2023, registered as case crime no.132 of 2023, under Section 363 IPC it was pointed out that in the first information report also her age was shown as 15 years and now in the present FIR which was registered on 22.04.2025 her age was again shown as 15 years, therefore, a false statement has been made in the impugned first information report. Attention was further drawn to the Pan Card of the petitioner no.1-Nisha wherein her date of birth is given as 05.04.2006. Attention was further drawn to the Medical Examination conducted on 04.08.2023 wherein her age was shown as 17 years. The first information report lodged in the year 2023 was also against the present accused Akash, who is the petitioner no.2 herein. It is submitted that after attaining the age of majority both the petitioners have applied online for registration of their marriage. It is also submitted that the alleged victim has herself come forward with joint affidavit to challenge the impugned FIR. 4. Per contra, learned AGA submits that there is no authentic proof regarding age of the petitioner no. 1. 5. At this stage, learned counsel for the petitioners has placed reliance upon a judgment of Hon'ble Supreme Court in the case of Suhani vs. State of U.P. reported in 2018 0 Supreme (SC) 1430 and judgement dated 18.7.2023 passed in Criminal Appeal No. 1898 of 2023 (P. Yuvaprakash vs. State Rep. by Inspector of Police) submits that in all such matters Hon'ble Apex Court has directed for age determination test of the girl. 6. In view thereof, we direct that the petitioner no.1-Nisha 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 on or before 03.07.2025 or 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 183 B.N.S.S. statement of the girl 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 the petitioner no. 2, then the petitioners shall not be arrested till the submission of report by the police under section 193 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 :- 21.5.2025 Nitendra Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad