GORAKH KUSHWAHA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
CRLP/16130/2025 · 2025-09-10
Santosh Rai, Siddharth
body2025
DailyLaw.ai
[ 2025 DAILYLAW 78896 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 78896 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 16130 of 2025 Court No. - 47 HON'BLE SIDDHARTH, J.
HON'BLE SANTOSH RAI, J.
1. Heard learned counsel for the petitioners; Sri Mahendra Singh, learned counsel for respondent no.4 and learned AGA for State-respondents. 2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 08.07.2025, registered as Case Crime 368 of 2025, under Sections 87, 352, 351(3) B.N.S., P.S.Kotwali Padrauna, District Kushinagar and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. 3. It appears that petitioners belong to different religions. They have neither married nor intend to marry. They are living in live-in-relationship. Since such marriage is barred by Section 3 of U. P. Prohibition of Unlawful Conversion of Regulations Act, 2021, therefore, they cannot marry without complying the provisions of above Act or Special Marriage Act, 1954. 4. Section 3 of the aforesaid Act reads as under:-
"Prohibition of conversion from one religion to another religion by misrepresentation, force, fraud, undue influence, coercion, allurement- (1) No person shall convert or attempt to convert, either directly or otherwise, any other person from one religion to another by use or practice of misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means. No person shall abet, convince or conspire such conversion. Versus Counsel for Petitioner(s) : Arunesh Kumar Singh Counsel for Respondent(s) : Chandra Prakash Singh, G.A., Mahendra Singh Gorakh Kushwaha And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
Explanation- For the purposes of this sub-section conversion by solemnization of marriage or relationship in the nature of marriage on account of factors enumerated in this Sub-section shall be deemed inclined."
5. Earlier, the concept of live-in relationship was alien for society. Usually in live-in relationship, both the parties lived like a married couple but not actually married. The relationship of marriage is pious which creates legal rights of parties and their offspring, which are governed by the provisions of law, whereas, the consequences of live-in relationships are different. The U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 came into force on 27.11.2020. Admittedly, both the petitioners belong to different religions and they have not solemnized their marriage in accordance to law rather they are residing in live-in relationship. 6.
Section 3(1) of Act, 2021 prohibits such live-in relationship which is in the nature of matrimonial bond. The punishment for contravention of provisions of aforesaid Section 3 has been provided under Section 5 of the Act, 2021, hence, such residing of petitioners in relationship like marriage cannot get approval by the Court of law. No specific occurrence or act has been mentioned in the petition prejudicial to their life and liberty. 7. In view of the above, the FIR in question cannot be quashed, unless petitioners solemnize their marriage in accordance with law. 8. Accordingly, the petition is finally disposed of with the observation that if the petitioners feel any threat to their life or any act which constitutes offence, they are at liberty to move the application under Section 171(1) or Section 173(4) or Section 175 (3) B.N.S.S. or file a complaint case under Section 223 B.N.S.S. against the person/persons who extend threat to them. September 11, 2025 Asha CRLP No. 16130 of 2025 2 (Santosh Rai,J.) (Siddharth,J.) Digitally signed by :- ASHA High Court of Judicature at Allahabad