Neutral Citation No. - 2025:AHC:87594-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 10618 of 2025 Petitioner :- Shalu And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Priya Ranjan Rai Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Priya Ranjan Rai, learned counsel for the petitioners and Sri Anuj Kumar Mishra, 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 5.5.2025 in Case Crime no. 151 of 2025, under Section 87 of B.N.S., P.S. Devgaon, District Azamgarh. 3. Submission of learned counsel for the petitioners is that the as per first information report itself age of the petitioner no. 1 is 18 years and 2 months. The contention of learned counsel for the petitioners is that as per high-school certificate the date of birth of petitioner no. 1 is 9.1.2007 and petitioner no. 2 is 5.4.2003 and both are major and have married with each other out of their own free will and as such no offence under Section 87 of B.N.S. is made out. 4. Learned A.G.A. has opposed the petition. 5. Be that as it may, the writ petition is disposed off with a direction to the petitioner no.1-Shalu to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 183 of B.N.S.S., on or before 5.7.2025. 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 of B.N.S.S. in further two weeks and thereafter the Investigating Officer shall proceed in accordance with law. 6. For a period of two months, the respondents are restrained from arresting the petitioners pursuant to first information report dated 5.5.2025. Order Date :- 23.5.2025 Lalit Shukla Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad