Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.
Allahabad High Court: In a petition filed by a Muslim man seeking quashing of FIR filed against him alleging forceful conversion by him of a girl, the Division Bench of Abdul Moin and Pramod Kumar Srivastava, JJ., directed the Additional Chief Secretary (Home), Government of U.P., to file an affidavit stating actions taken against the disturbing trend of FIRs being lodged by third persons falsely under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 (UP Conversion Act). The Court also directed that State security shall be provided to the couple and their relatives.
Background
The complainant lodged an FIR under Sections 87, 69, and 51(3), Nyaya Sanhita, 2023 (BNS) and Sections 3 and 5(1), UP Conversion Act, alleging that his daughter had been enticed away by Accused 3 with the assistance of other accused persons. He alleged that the accused persons were attempting to change his daughter’s religion and force her into marriage. Furthermore, he claimed that they were harassing him and his wife, forcing them to convert as well.
The victim daughter, in her statement under Section 183, Nagarik Suraksha Sanhita, 2023 (BNSS), stated that she was a major, aged about 18 years, and in love with Accused 3 for the past three years. She further stated that her religion had not been changed, the Accused 3 had not married her or established physical relations with her, and the accused persons had not coerced her to change her religion. Additionally, she expressed her wish to reside with Accused 3 and sought that the members of Hindu organisations should not harass her or her relatives.
Analysis
The Court noted that once the victim daughter’s statement, which patently belies the allegations levelled in the FIR, had been recorded, it was the duty of the investigating officer (IO) to proceed accordingly. However, for reasons best known, the IO took a peculiar turn and recorded that after perusal of the victim daughter’s statement, no case of rape was made out; consequently, Section 69 BNS was dropped. Further, the matter proceeded for investigation under Sections 87 and 351(3) BNS, and Sections 3 and 5(1), UP Conversion Act, against the three accused persons.
The Court stated that this was a “peculiar turn” because there was no requirement for the IO to investigate further, since, as per the victim daughter’s statement, none of the alleged offences emerged. Additionally, the said statement was recorded before the Magistrate. Thus, the Court remarked, “Prima facie, it emerges that the IO is acting under pressure or is ‘persuaded’ by some other factors. We need not say anything more at this stage.”
The Court further remarked that the victim daughter’s statement regarding the allegations “gives rise to a disturbing trend which is being noticed time and again by the courts of law pertaining to FIRs being lodged by third parties under the provisions of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021”.
The Court noted that her statement indicated that she was apprehensive of her safety and the safety of her relatives due to fear of being harassed and troubled by the various organisations. This was a disturbing trend that has crept into society now, and which had been indicated by the Supreme Court in Rajendra Bihari Lal v. State of U.P., 2025 SCC OnLine SC 2265.
Directions
Till then, the Court directed that the accused persons shall not be arrested and adequate State security shall be extended to the accused persons as well as the victim daughter and her family, within three days.
Considering the aforesaid, the Court directed the IO to appear in person and explain why action should not be taken against him for having lodged prima facie a patently false, fake, and frivolous FIR. The Court further directed the Additional Chief Secretary (Home), Government of U.P., to file his personal affidavit indicating what action was being taken in such cases where FIRs were being lodged left and right under the UP Conversion Act, thereby spending valuable time of the authorities in chasing such FIRs which did not have any legs to stand on. The affidavit shall also contain compliance with the security provided to the parties. This affidavit shall be filed by the next date, i.e., 19 May 2026, and if it is not filed by that date, then the Secretary shall appear in person along with the records to assist the Court.
The matter was listed for 19 May 2026.
[Mohd. Faizan v. State of U.P., Criminal Misc. Writ Petition No. 2962 of 2026, decided on 13-4-2026]
Advocates who appeared in this case:
For the petitioner: Manoj Kumar Singh
For the respondent: Government Advocate
