HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20341 of 2025 Court No. - 42 HON'BLE VIVEK KUMAR BIRLA, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, J. 1. Heard Sri Rajeev Sawhney, learned counsel for the petitioners, Sri G.P. Singh, 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 29.07.2025 in Case Crime no. 0139 of 2025, under Section 137(2) and Section 87 of B.N.S., 2023, P.S. Puramufti, District- Prayagraj. 3. The contention of learned counsel for the petitioners is that the victim herself has come forward to challenge the impugned FIR. By drawing attention of the Court to paragraph 12 of the petition, it is stated that petitioner No.2, the victim is illiterate and is aged about 20 years and she has performed marriage with the petitioner no.1 on 25.07.2025. 4. However, learned A.G.A. on instructions submits that as per Class-I certificate, the date of birth of victim is 10.10.2008. The said certificate cannot be treated as an authentic age of proof. 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 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 victim, petitioner no.2 be produced Versus Counsel for Petitioner(s) : Rajeev Sawhney Counsel for Respondent(s) : G.A. Suneel Yadav And 4 Others .....Petitioner(s) State Of Up And 3 Others .....Respondent(s) 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 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 statement of the girl recorded under section 183 B.N.S.S. 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 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 11, 2025 Prachi CRLP No. 20341 of 2025 2 (Pramod Kumar Srivastava,J.) (Vivek Kumar Birla,J.) Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad