HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 15392 of 2025 Court No. - 47 HON'BLE SIDDHARTH, J. HON'BLE SANTOSH RAI, J. 1. Heard Sri Ganesh Kumar, learned counsel for the petitioners, Sri Hari Narayan Singh, learned counsel for respondent no.4 and learned AGA for the State- respondents. 2. This petition has been filed praying for following relief:- "A. Issue a writ order or direction in the nature of certiorari quashing the impugned F.I.R. dated 22.06.2025 registered as Case Crime No.150 of 2025 Under Sections 137(2), 87 B.N.S., Police Station Nagar, District Basti. B. Issue a writ order or direction in the nature of Mandamus directing the respondent authority not to arrest the petitioners in the pursuance of the FIR dated 22.06.2025 registered as Case Crime No. 150 of 2025 Under Section 137(2), 87 B.N.S., Station Nagar, District Basti." 3. There are allegations against petitioner no.2 that the petitioner no.2 has enticed away the petitioner no.1, minor girl daughter of the informant in the night of 19/20.6.2025 between 12.00-1.00 AM alongwith jewellery and cash. 4. Learned counsel for the petitioners submits that the petitioners are major and they have solemnized marriage and have applied for registration of marriage also. Both belong to the same faith. 5. Learned A.G.A. appearing for respondent nos.1 to 3 has filed the counter affidavit wherein the ossification test report of petitioner no.1 has been brought on record. As per the ossification report the age of petitioner no.1 has been determined as about 16 years. The statement of the victim recorded under Section 183 B.N.S.S. has also been brought on record wherein she has stated that she left her house on 20.6.2025 to marry petitioner no.2, Jeevan Sharma @ Anshu Sharma, on her own sweet will. She knows Versus Counsel for Petitioner(s) : Ganesh Kumar Counsel for Respondent(s) : G.A., Gaurav Kumar Shukla, Hari Narayan Singh Smt Harshita Pandey And Another .....Petitioner(s) State Of Up And 3 Others .....Respondent(s) the petitioner no.2 for the last 4-5 months. Petitioner no.2 did not compelled her to run away from her home. She went to Lucknow on her own and called petitioner no.2 there. On 21.6.2025 they entered into marriage in Arya Samaj Mandir, Prayagraj. Her family members are threatening her of life. She wants to live with petitioner no.2 on her own sweet will. 6. Sri H.N. Singh 'Sanjay', learned counsel for respondent no.4 has vehemently opposed the submission made by learned counsel for the petitioners and submits that petitioner no.1 is minor aged about 16 years and hence the petitioners does not deserve to be granted any relief by this Court since petitioner no.2 has abducted petitioner no.1 who is a minor girl. 7. After hearing rival submissions of learned counsel for the parties, this Court finds that petitioner no.1 has not made any allegation of forceful abduction against petitioner no.2 from her lawful guardianship. The Honb'le Supreme Court in the case of S. Varadarajan vs. State of Madras reported in 1965 A.I.R. 942 has held that for establishing charge of kidnapping of minor from lawful guardianship, there must be evidence of active inducement or persuasion by the accused, not just passive acceptance of the minor voluntarily departure from custody of his/her guardian. This Court finds that in the present case there is no evidence on record to prove that the victim petitioner no.1, was persuaded, enticed away from the custody of unlawful guardian on any pretext or assurance by petitioner no.2. The victim left her house, went to Lucknow and eloped with petitioner no.2 from there. Her age as per ossification test report is about 16 years. Giving margin of 2 years of higher side she can be considered to be major. There is also no allegation that the petitioner enticed her away, therefore, offence alleged against the petitioner no.2 under Section 137(2) and 87 B.N.S.S. are not made out. Hence, the impugned F.I.R. deserves to be quashed and is accordingly quashed. 8. The writ petition is allowed. 9. Investigating Officer of this case is directed to make entry of this case in the case diary. 10. Registrar(Compliance) will communicate this order to the Superintendent of Police, Basti within one week. September 24, 2025 RA CRLP No. 15392 of 2025 2 (Santosh Rai,J.) (Siddharth,J.) Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad