Neutral Citation No. - 2025:AHC:9513-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 1061 of 2025 Petitioner :- Khushbu Kumari And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mool Chandra Maurya Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Ms. Nand Prabha Shukla,J. 1. Heard Shri Mool Chandra Maurya, learned counsel for the petitioners, 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 09.01.2025 in Case Crime no.26 of 2025, under Sections 87, 61(2) of B.N.S., P.S. Kasganj, District-Kasganj and furtehr not to arrest the petitioners pursuant to said FIR. 3. The contention of the learned counsel for the petitioners is that alleged victim (petitioner no.1-Khushbu Kumari) has herself come forward to file the present writ petition by filing joint affidavit and as per First Information Report itself she is aged about 18 years and as per High School Certificate her date of birth is 01.01.2007. Further submission is that both the petitioners are major and have married with each other out of their own free will, as such no offence as alleged is made out. 4. Learned AGA submitted that the marriage certificate issued by the Arya Samaj is not the authentic certificate, therefore, statement of the petitioner no.1-Khushbu Kumari must be recorded. 5. Be that as it may, the writ petition is disposed off with a direction to the petitioner no.1-Khushbu Kumari to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 183 B.N.S.S. on or before 04.03.2025. 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. and thereafter the Investigating Officer shall proceed in accordance with law. 6. For a period of two months, the respondents are restrained to arrest the petitioners pursuant to first information report dated 09.01.2025 in Case Crime no.26 of 2025, under Sections 87, 61(2) of B.N.S., P.S. Kasganj, District-Kasganj. Order Date :- 21.1.2025 Nitendra Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad