Neutral Citation No. - 2025:AHC:10514-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 1321 of 2025 Petitioner :- Sanjeet @ Lakshaman Kushwaha And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajeev Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Ms. Nand Prabha Shukla,J. 1. Heard Sri Rajeev Kumar Srivastava, learned counsel for the petitioners and Sri Ratan 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 30.12.2024, in Case Crime no. 894 of 2024, under Section 87 BNS, P.S. Kotwali Padarauna, District Kushinagar. 3. The contention of the learned counsel for the petitioners is that as per AADHAR card, the date of birth of the petitioner no. 1-Sanjeet @ Lakshaman Kushwaha is 1.1.2004 and petitioner no. 2-Nitu Kumari is 1.1.2004 and both are major and have married with each other out of their own free will and they have applied online for registration of their marriage, as such no offence under Section 87 BNS is made out. 4. Learned AGA and the learned counsel for the informant have opposed the petition. 5. Be that as it may, the writ petition is disposed off with a direction to the petitioner no. 2-Nitu Kumari to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 183 BNSS, on or before 5.3.2025 In the event, petitioner no. 2 appears before the Chief Judicial Magistrate concerned within the stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 183 BNSS 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 to arrest the petitioners pursuant to first information report dated 30.12.2024, in Case Crime no. 894 of 2024, under Section 87 BNS, P.S. Kotwali Padarauna, District Kushinagar. Order Date :- 22.1.2025 Abhishek Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad