By Rajesh Pandey
While dismissing a petition seeking quashing of a rape case and unlawful conversion of a Hindu girl to Muslim religion, the Allahabad High Court has observed that unlawful religious conversion being a serious offence, cannot be quashed based on a settlement between the parties. The court held that such conversion could be considered genuine if the individual believed in the unity of God (Allah) and the “prophetic character” of Muhammad.
Dismissing a petition filed by one Taufik Ahmad, Justice Manju Rani Chauhan also stressed that any compromise or settlement concerning the offence of rape, against the honour of a woman, which shakes the very core of her life and tantamount to a serious blow to her supreme honour, offending both, her esteem and dignity, is “not acceptable” to the court.
The petitioner Taufik Ahmad had field the petition seeking quashing of the criminal proceedings involving allegations of rape and religious conversion through misrepresentation under UP conversion law. The quashing was sought based on a compromise between the parties.
In brief, an FIR was filed on June 7, 2021, by the victim (a Hindu woman/opposite Party number two) against Rahul alias Mohd Ayan, Taufik Ahmad (the applicant), and Mohd. Riyaz. She claimed that she met Rahul on Facebook, where he posed as a Hindu and chatted with her for a year before he proposed her for marriage.
After she agreed, he took her to Nawabnagar, Rampur, where she was allegedly held for six months. During this time, she discovered that Rahul was Muslim by religion. When she refused to marry him, she claimed that Rahul, along with the two other accused (including the applicant), physically assaulted her and also raped her.
She later managed to escape and filed the FIR, accusing Rahul of luring Hindu girls through Facebook.
After the investigation, a charge sheet was submitted in May 2021. However, the parties entered into a compromise in March 2023. Based on the compromise, the applicant-accused moved the High Court seeking quashing of the entire proceedings.
Opposing the quashing plea, the state counsel argued that some of the offences are non-compoundable and heinous, as well as they are not private/personal, affecting only the individuals, but they have an impact on society.
The categorically noted that that in a case of rape or attempt of rape, the conception of compromise “under no circumstances can be thought of”.
The court opined that these are crimes against the body of a woman, which is her temple, and such offences suffocate the breath of life and sully the reputation.
Furthermore, regarding the offence of unlawful religious conversion, the court in its decision dated March 27 observed, “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 freewill and because of his/her faith and belief in the oneness of God (Allah) and prophetic character of Mahommed”.
The court noted that if a conversion is not inspired by religion feeling and under gone for its own sake, but is resorted merely with object of creating a ground for some claim of right or as a device adopted for the purpose to avoid marriage or to achieve an object without faith and belief in the unity of God (Allah) and Mahommed to be his prophet, the conversion shall not be bonafide.