HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19977 of 2025 Court No. - 42 HON'BLE VIVEK KUMAR BIRLA, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, J. 1. Heard Sri Sulabh Trivedi, holding brief of Sri Khush Kumar Pandey, learned counsel for the petitioners, Sri Shravan Kumar Dubey, 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 28.05.2025 in Case Crime no.158 of 2025, under Section 87, 137(2) of B.N.S., 2023, Police Station Sarayinayat, District Ganganagar. Further prayer has been made not to arrest the petitioners pursuant to said first information report. 3. Submission of learned counsel for the petitioners is that the victim is more than 18 years of age and has come forward to file the present petition challenging the impugned F.I.R. by filing joint affidavit and it is submitted that the age of accused Rajesh Bind is about 32 years and both of them have married and their marriage has also been registered on 22.8.2025. Copy of the marriage registration certificate has been annexed at page 43 of the paper book. He further submits that as per aadhar card of petitioner no. 1 her date of birth is 7.6.2005 and she is about 20 years of age. 4. Per contra learned A.G.A. submits that as per class 5 educational certificate of the victim she is minor and her date of birth is 21.10.2007, therefore, she is about 17 years of age. He, however, admits that apart from the class-5 certificate there is no proof of marriage. 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. Versus Counsel for Petitioner(s) : Kush Kumar Pandey, Ravindra Kumar Patel Counsel for Respondent(s) : G.A. Smt. Khushboo And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) State of U.P. reported in 2018 SCC Online SC 781 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-Khushboo be produced before the Magistrate concerned, for recording her statement under section 183 of 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 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 (3) 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. September 9, 2025 Kumar Manish CRLP No. 19977 of 2025 2 (Pramod Kumar Srivastava,J.) (Vivek Kumar Birla,J.) Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad