MP High Court Refuses To Quash Forced Conversion Case Against Man Accused Under MP Religion Law

The Madhya Pradesh High Court has refused to quash criminal proceedings against a man accused of attempting to convert a family to Islam, observing that there was sufficient prima facie material linking him to the alleged offence.

Justice Sandeep N. Bhatt of the Indore Bench passed the order while hearing a petition filed by Hemraj Tailor under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The petitioner sought quashing of an FIR registered under Sections 3 and 5 of the Madhya Pradesh Freedom of Religion Act, 2021, along with Sections 506 and 34 of the IPC.

According to the prosecution, the petitioner had allegedly influenced the complainant’s husband to adopt Islam and pressured the complainant and her minor son for religious conversion. The petitioner argued that there was no direct evidence against him and that the allegations were vague and unsupported by material on record.

However, the State opposed the plea, relying on witness statements collected during investigation, particularly the statement of the complainant’s minor son, Prince. The Court noted that both the complainant and her son had specifically attributed a role to the petitioner in the alleged acts.

Holding that the case involved serious allegations requiring examination during trial, the Court said the proceedings could not be termed an abuse of process. It clarified that the truthfulness of the allegations would be tested through evidence and cross-examination before the trial court.