IMPORTANT POINT
Illegal religious conversion is a very serious offence.

ORDER

The present petition u/S 528 of BNSS, 2023 is filed seeking quashment of Criminal Proceedings arising out of SC ATR No. 183/2025 pending before the Special Judge(SC/ST)Act pursuant to the final report filed in Crime No. 481/2023 registered at P.S. Jeerapur Distt. Rajgarh for offences punishable u/Ss 3/5 of M.P. Freedom of Religion Act, 2021 and Section 506/34 of IPC.

2. Learned counsel for the petitioner submits that the role of the present petitioner as per the chargsheet is to the extent that he has motivated the husband of the complainant to convert his religion to muslim by adopting the muslim religion. It is submitted that except the mere allegation, there is no material to connect the petitioner with the crime in question. No direct role is attributable to the present petitioner in conversion of anyone to any religion, more particularly, the complainant and her minor son. He further submits that the ingredients of the FIR whereby the allegations levelled against the present petitioner prima-facie are not satisfied from the material available on record and such sections are falsely invoked in the present FIR, without sufficient material available with the investigation agency. Now the chargsheet is filed and from the entire material, there is no substance in the allegations made in the FIR.

3. Learned counsel for the petitioner has relied on the judgment of Indian Oil Corporation v. NEPC India Limited and Others reported in (2006)6 SCC 736 and also the judgment of G. Sagar Suri v. State of U.P. reported in (2000) 2 SCC 636 to contend that the Court has to exercise its jurisdiction u/S 482 of Cr.P.C. towards complaint and criminal proceedings has been succinctly summarized by this Court in view of above judgment. He further submits that the present petition is required to be considered and I.A. No. 5311/2026, an application for stay is also required to be considered by issuing notice to the other side and considering the application for stay, appropriate order may be passed.

4. Learned counsel for the State opposed the prayer for quashment of proceedings and has drawn the attention of this Court to various material, more particularly towards the statement of Prince - son of the complainant which is recorded on 18.12.2023 and the statement of complainant and other material available on record.

5. Learned counsel for the State submits that pursuant to the allegations in the FIR, now the investigation is complete and chargsheet is filed where the present petitioner has also been named. There is sufficient material available on record which constitute the offence as alleged in the FIR. During investigation, statements of various witnesses, more particularly the statement of the minor son of the complainant, which corroborates the allegations made in the FIR and clearly indicates the role of the present petitioner played in the entire incident. He further submits that all these questions are the subject-matter of trial and, therefore, no interference is required at this stage for exercising inherent powers u/S 528 of BNSS, 2023 and prays for dismissal of the petition.

6. I have considered the material available on record and also the arguments advanced by the respective parties.

7. Section 528 of the BNSS, 2023 is reproduced below:

“528. Saving of inherent powers of High Court - Nothing in this Sanhita shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Sanhita, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.”

8. The sections which are invoked in the present FIR are Section 3/5 of M.P. Freedom of Religion Act, 2021 and Section 506/34 of IPC. The said sections are also reproduced for convenience and ready reference:

3. Prohibition of unlawful conversions from one religion to other religion.

(1) No person shall,-

(a) convert or attempt to convert, either direcly or otherwise,