Recently, the Allahabad High Court ruled that allegations of rape and forced religious conversion are of such a grave nature that criminal proceedings in such cases cannot be quashed merely on the basis of a settlement between the parties. The Court underscored that offences involving coercion, fraud, or undue influence in religious conversions warrant serious judicial scrutiny and cannot be nullified through compromise.
The case stemmed from a petition filed under Section 482 of the Code of Criminal Procedure by Taufik Ahmad, one of the three accused in a criminal case registered in Rampur. The petitioner sought to quash the proceedings arising from an FIR lodged by the complainant on May 7, 2021, alleging rape and unlawful conversion under false pretenses.
According to the prosecution, the complainant had met the primary accused, Mohammad Ayan, through Facebook, where he allegedly misrepresented himself as a Hindu and established a relationship with her over a year. Upon gaining her trust, he proposed marriage, and when she consented, she was allegedly taken to Nawabnagar, Rampur, where she was unlawfully confined for six months. During this period, she discovered his actual religious identity. Upon her refusal to marry him, she alleged that he, along with two co-accused, had assaulted and sexually assaulted her.
The petitioner’s counsel contended that the complainant and the accused had reached a mutual settlement, and hence, the criminal proceedings should be quashed in light of the compromise. However, the prosecution opposed the plea, emphasizing the severity of the allegations and the necessity for a full trial to ascertain the truth.
The High Court, while rejecting the petition, observed, "Any compromise or settlement with respect to the offence of rape is not acceptable." It further stressed that matters involving religious conversions through coercion or fraudulent means are of significant public importance and cannot be adjudicated solely on private settlements. The Court reaffirmed that such offences impact societal and legal order, necessitating judicial intervention beyond individual agreements.
Accordingly, the Court dismissed the petition, paving the way for the continuation of the criminal trial against the accused.
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