Neutral Citation No. - 2025:AHC:85298-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 10369 of 2025 Petitioner :- Kanti And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dileep Kumar Shukla Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Shri Dileep Kumar Shukla, learned counsel for the petitioners and Shri Ghanshyam Kumar, learned A.G.A. for the State and perused the record. 2. This writ petition has been filed praying to quash the first information report dated 03.04.2025, registered in Case Crime No. 0072 of 2025, under Sections 87 and 137 (2) of Bhartiya Nyay Sanhita (B.N.S.), 2023 , P.S. Kadar Chowk, District Budaun and not arrest the petitioners pursuant to the said FIR. 3. Learned counsel for the petitioners submitted that no offence as alleged is made out as the petitioner no. 1 is a major girl and the entire criminal case lodged by the informant is nothing but an abuse of the process of the law. It is submitted that as per Pan Card date of birth of petitioner no. 1-girl is 1.1.2007 and as per Aadhar date of birth of petitioner no. 2 is 01.01.1995 and as such, both are major. By drawing attention to paragraph no.11 it has been stated that she has studied upto Class VI, however, her educational certificate is not available with her and as per Pan Card her she is major aged about 18 years. It is further pointed out that the alleged victim petitioner no.1 has herself come forward with joint affidavit to challenge the impugned FIR. Lastly, it is submitted that the petitioner no.1 and 2 have already got their marriage registered on 19.03.2025. 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-Kanti 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