Noting that an unlawful religious conversion is a serious offence, the Allahabad high court has ruled that proceedings for the alleged offence cannot be quashed because of a "compromise" between the parties to the case.
"A conversion of religion by an individual to Islam can be said to be bona fide if he/she is major and of sound mind and embraces Islam by his/her own free will and because of his/her faith and belief in the oneness of God (Allah) and prophetic character of Mohammed," Justice Manju Rani Chauhan said in an order dated March 27.
The HC said this while dismissing a petition by Taufik Ahmad who had sought quashing of proceedings against him on charges of rape and unlawful religious conversion of a Hindu girl to Islam through misrepresentation under the UP anti-conversion law.
He had contended that the two sides had reached a compromise in the case, which was registered in June 2021.
The order said, "Any compromise or settlement with respect to the offence of rape, against the honour of a woman, which shakes the very core of her life and tantamounts to a serious blow to her supreme honour, offending both, her esteem and dignity, is not acceptable to this court."
The court said that the object of the UP anti-conversion law was to provide for the prohibition of unlawful conversion from one religion to another by misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means.
It said any religious conversion is considered bona fide when there is a "change of heart" and "honest conviction" in the tenets of a new faith "in lieu of the tenets of the original religion".
"Considering the facts and circumstances of the case as well as above stated position of law, the court finds that the alleged offences under section 376 IPC and Section A¾ (1) U.P. Conversion Prevention Act, 2020, are serious in nature and non-compoundable, therefore, the instant proceedings cannot be quashed on the basis of compromise between the parties in exercise of powers conferred under Section 482 CrPC," the HC order said.
According to the prosecution, an FIR was lodged on June 7, 2021, alleging that the victim was befriended on Facebook by one Rahul alias Mohammad Ayan without disclosing his full identity and she was later forced to convert to Islam for the purpose of marriage.
Also, she was allegedly sexually exploited by the applicant.
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