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Synopsis

The Allahabad High Court recently observed that an individual's conversion to Islam can be considered bona fide only if they are a legal adult of sound mind and embrace the faith out of their own free will, motivated by genuine belief in the oneness of God (Allah) and the prophetic status of Mahommed.

The bench of Justice Manju Rani Chauhan further clarified that a conversion lacking religious intent—undertaken merely as a means to claim certain rights, evade legal restrictions on marriage, or achieve any objective without sincere faith in Allah and the prophethood of Mahommed—cannot be deemed bona fide.

"In case of a religion conversion there should be a change of heart and honest conviction in the tenets of new religion in lieu of tenets of the original religion," the bench underscored.

Court observed thus while rejecting a plea to quash criminal proceedings against accused one Taufik Ahmad in a 2021 case registered under Sections 420 (cheating), 323 (causing hurt), 376 (rape), and 344 (wrongful confinement) of the Indian Penal Code (IPC), along with Section 3(1) of the Uttar Pradesh Conversion Prevention Act, 2020.

According to the complaint, a Muslim man named Mohd. Ayan initially introducing himself as Rahul, befriended a Hindu woman on Facebook. Over time, he proposed marriage, but the woman later discovered that he was actually a Muslim. Therefore, the woman refused to proceed with the marriage. After this, the woman claimed that she was allegedly detained against her will, physically assaulted, and sexually exploited, with further allegations implicating her own relatives. The case was registered against Mohd. Ayan and two others. 

Despite the grievous nature of the accusations, both parties later claimed that a compromise had been reached.

During the proceedings in present plea, the high court examined whether such a compromise could justify quashing criminal proceedings, particularly in a case involving non-compoundable offences like rape.

Court made it clear that cases involving serious offences, particularly those related to rape, cannot be quashed merely on the basis of a private settlement. Court referred to previous Supreme Court judgments and stressed that while minor disputes may be resolved through compromise, crimes that impact a person’s dignity and bodily autonomy require strict legal scrutiny.

The bench also took note of the allegations of religious conversion and stated that converting to another religion must be based on sincere faith.

Moreover, the court observed that attempts to leverage a compromised relationship as a basis for quashing criminal charges are particularly untenable in cases involving serious offences like rape and those governed by special statutes such as the U.P. Conversion Prevention Act, 2020.

Therefore, the court held that given the gravity of the allegations—including forcible detention, sexual assault, and the implications of an alleged fraudulent attempt to conversion—the proceedings must continue. The application under Section 482 Cr.P.C. was accordingly dismissed.

Case Title: Taufik Ahmad Vs. State of U.P. and Another