- 1 - NC: 2025:KHC:10050 CRL.P No. 2938 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 2938 OF 2024 BETWEEN: 1. SRI. MORIF ASHRAF BEIGH S/O. MOHAMMAD ASHRAF BEIGH, AGED ABOUT 31 YEARS, R/AT: MAKHDOOM, MANDAV KALASHPORA, SRINAGAR, JAMMU AND KASHMIR-190 002. …PETITIONER (BY SRI. SHIVAKUMAR S.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA STATE BY HEBBAGODI POLICE STATION, BENGALURU-560 099, REPRESENTED BY ITS S.P.P., KARNATAKA HIGH COURT BUILDINGS, HIGH COURT, BENGALURU-560 001. 2. SMT. RAMA GUPTA D/O. G.D. GUPTA, AGED ABOUT 38 YEARS, OCCUPATION: PRIVATE JOB, R/AT: PRESTIGE FERN APARTMENT, HARALURU ROAD, BENGALURU-560 102. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; DR. VANDANA P.L., ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.PC, 1973 PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS AGAINST Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10050 CRL.P No. 2938 of 2024 PETITIONER / ACCUSED NO.2 IN CRIME NO.494/2023 REGISTERED BY HEBBAGODI POLICE AND SAID CRIME IS NOW REGISTERED AS C.C.NO.26879/2023 PENDING ON THE FILE OF THE LEARNED IV ADDITIONAL CIVIL JUDGE AND J.M.F.C ANEKAL FOR THE ALLEGED OFFENCES P/U/S 5 OF THE KARNATAKA PROTECTION OF RIGHT TO FREEDOM OF RELIGION ACT, 2022, AND SECTION 506, 34, 376, 377, 420, AND 417 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner, Accused No. 2 charge-sheeted for the offence punishable under Section 5 of the Karnataka Protection of Right to Freedom of Religion Act, 2022 (hereinafter “the Act, 2022”) is before this Court seeking relief. 2. The prosecution alleges that Accused No. 1, who is of a different religion, induced the de facto complainant to engage in sexual intercourse by promising to marry her, and thereafter breached that promise. It is further alleged that Accused No. 2, the brother of Accused No. 1, forced the de facto complainant to convert to the Muslim religion. 3. Specifically, it is alleged against Accused No. 2 that when the de facto complainant approached him - 3 - NC: 2025:KHC:10050 CRL.P No. 2938 of 2024 regarding the marriage to be solemnized with Accused No. 1, he demanded that she convert to the Muslim religion. 4. The Court heard submissions from the learned counsel for the petitioner, the learned High Court Government Pleader for Respondent No. 1, and the learned counsel for Respondent No. 2. 5. In her statement recorded under Section 164 of the Cr.P.C., the de facto complainant stated that when she mentioned having been in contact with the petitioner’s brother, Accused No. 1 instructed her to convert to the Muslim religion. Apart from this self-serving statement of the de facto complainant, no material evidence has been placed on record to show that the petitioner attempted whether directly or indirectly to convert any person from one religion to another through misrepresentation, force, undue influence, coercion, fraudulent means, or by promising marriage. Such evidence is necessary to establish an offence under Section 3 of the Act, 2022. 6. In view of the above, continuing criminal proceedings against the petitioner would amount to an abuse of the process of law. 7. Accordingly, the petition is allowed, and the impugned proceedings in CC No. 26879/2023, pending on the file of the learned IV Additional Civil Judge and JMFC, - 4 - NC: 2025:KHC:10050 CRL.P No. 2938 of 2024 Anekal, insofar as they relate to the petitioner (Accused No. 2), are hereby quashed. 8. The Trial Court is directed to proceed against Accused No. 1 in accordance with law, without being influenced by any observations made in this petition, which are solely for the purpose of this petition. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 1 Sl No.: 103