Court Denies Petition to Quash FIR Alleging Allurement and Coercion in Religious Conversion Attempt
In a significant judgment, the Allahabad High Court has refused to quash an FIR lodged under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. The case involves allegations of attempted unlawful religious conversion through allurement and coercion of a Class XII student to convert to Islam. The Division Bench, comprising Justices J.J. Munir and Tarun Saxena, emphasized the need for a thorough investigation given the prima facie material supporting the allegations.
The criminal writ petitions, filed by Aleena alias Aleena Parveen and others, sought to quash the FIR registered on January 22, 2026, at Police Station Bilari, Moradabad. The FIR was lodged by the victim's brother, alleging that Aleena and her friends, all Muslims, attempted to convert the victim by forcing her to wear a veil and partake in religious practices against her will.
The petitioners argued that the FIR was based on general allegations without specific details and was motivated by malice. They contended that the FIR was a retaliatory action by the victim's brother, whom Aleena had accused of harassment. However, the court found these claims unsubstantiated, noting the absence of any prior complaint against the victim's brother.
Crucially, the court examined the victim's statements recorded under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which corroborated the allegations of coercion and allurement. The victim described incidents of being forced to wear a burqa and being pressured to adopt Islamic practices, which were captured on CCTV footage. This evidence, the court concluded, warranted further investigation.
The court underscored the importance of the Act of 2021 in addressing societal concerns over forced conversions. It cautioned against prematurely quashing prosecutions based on tangible evidence, as this would undermine the statute's purpose. The court highlighted the need to balance preventing misuse of the law with ensuring its enforcement against genuine violations.
In dismissing the petitions, the court vacated the interim stay of arrest granted to one of the petitioners and directed the continuation of the investigation. The judgment sends a strong message about the judiciary's role in upholding laws enacted to address pressing social issues, reaffirming that investigations should proceed where prima facie cases are established.
Bottom Line:
Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 - FIR alleging attempted unlawful religious conversion under Sections 3 and 5(1) of the Act - Court held that investigation should not be interdicted at this stage as prima facie material exists to sustain the allegations.
Statutory provision(s): Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 - Sections 3, 5(1), Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 180, 183, Bharatiya Sakshya Adhiniyam, 2023 - Section 63(4)(c).
Aleena alias Aleena Parveen v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2883991
