‘Brownie Points Policing’: Allahabad HC Quashes False Conversion FIR, Fines UP Govt Rs. 75,000

The Allahabad High Court, Lucknow Bench, has quashed an FIR filed under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, and sections of the Bharatiya Nyaya Sanhita (BNS), terming it a “vexatious” and “false” case lodged by a husband against men accused of luring away his wife for religious conversion. Court also ordered exemplary costs of Rs. 75,000 on the State government for keeping one of the accused in jail despite the victim’s statement clearing them.

A division bench of Justice Abdul Moin and Justice Babita Rani was hearing a writ petition filed by Umed @ Ubaid Kha and others challenging the FIR dated September 13, 2025, registered at Matera police station in Bahraich. The FIR, lodged by Pankaj Kumar Verma, alleged that his wife Vandana Verma had left home with her jewellery and cash at the instigation of the petitioners, who he claimed were part of a “religious conversion gang".

However, Vandana Verma, who was impleaded in the case as opposite party no.5, appeared before the court and categorically stated that she had left home on her own due to repeated physical abuse by her husband. She denied any instance of religious conversion and described the FIR as false, stating that it was filed under pressure from her husband and in-laws.

Court noted that despite her statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.) on September 19, 2025, confirming that no conversion or abduction had occurred, the police failed to take corrective steps. “Petitioner No.1 continues to languish in jail even after one and a half months from the victim’s statement,” the bench observed.

The bench expressed dismay at the conduct of the investigating authorities, stating that they “fell and scrambled over each other to score brownie points” over the FIR, even though it lacked any factual basis. Court pointed out that the victim’s jewellery was already recovered and kept in police custody and that the charges of criminal breach of trust or conversion were “clearly not made out".

Citing Supreme Court judgments including Arnesh Kumar vs. State of Bihar (2014) and Satender Kumar Antil vs. CBI (2022), the bench reiterated that no person should be arrested in cases where the maximum punishment is less than seven years unless specific conditions are satisfied. “The offence under the 2021 Act is not attracted as no religious conversion has taken place,” the bench noted.

Relying on Rajendra Bihari Lal vs. State of U.P. (2025 SCC OnLine SC 2265), court said it was “not only empowered but also obligated” to exercise inherent powers to prevent abuse of legal process. It further drew parallels to the Supreme Court’s decision in Rini Johar vs. State of M.P. (2016), where illegal arrest led to a compensation award.

“The petitioner’s incarceration since September 18, 2025, despite the victim’s categorical statement of innocence, compels this court to award exemplary cost of Rs. 75,000 on the State of Uttar Pradesh,” the bench ruled. It directed that Rs. 50,000 be paid to the petitioner and Rs. 25,000 deposited with the Legal Aid Services within four weeks.

Court quashed the FIR and all consequential proceedings, ordering the immediate release of petitioner no.1 if not wanted in any other case, and recorded appreciation for the “fair assistance” of the state counsel during the hearing.

Case Title: Umed @ Ubaid Kha and others vs. State of U.P. Thru. Secy. Home Lko. and others

Order Date: October 30, 2025

Bench: Justice Abdul Moin and Justice Babita Rani