Hon'ble Rajeev Singh,J.
Heard learned counsel for the petitioners and learned AGA for the State.
By means of this writ petition, the petitioners have assailed the FIR registered against petitioner no. 2 and one Akanksha Yadav, Jamil Ahmad and four others (unnamed).
The petitioners no. 1 and 2 are stated to have a live-in relationship and proposed to enter into an interfaith marital relationship. For the purposes of interfaith marital relationship, the law requires a declaration under Section 8 of the U.P. Prohibition of unlawful conversion of religion Act, 2021 and the same for ready reference is reproduced hereunder:
"8(1) One who desires to convert his/her religion, shall give a declaration in the form prescribed in Schedule-1 at least sixty days in advance, to the District Magistrate or the Additional District Magistrate specially authorized by District Magistrate that he wishes to convert his/her religion on his/her own and with his/her free consent and without any force, coercion, undue influence or allurement.
(2) The religious converter, who performs conversion ceremony for converting any person of one religion to another religion shall give one month's advance notice in the form prescribed in Schedule-II of such conversion, to the District Magistrate or any other officer not below the rank of Additional District Magistrate appointed for that purpose by the District Magistrate of the district where such ceremony is proposed to be performed.
(3) The District Magistrate, after receiving the information under sub-section(1) and (2), shall get an inquiry conducted through police with regard to real intention, purpose and cause of the proposed religious conversion.
(4) Contravention of sub-section(1) and/or sub-section (2) shall have the effect of rendering the proposed conversion, illegal and void.
(5) Whoever contravenes the provisions of sub-section(1) shall be punished with imprisonment for a term which shall not be less than six months, but may extend to three years and shall also be liable to file which shall not be less than rupees ten thousand.
(6) Whoever contravenes the provisions of sub-section(2) shall be punished with imprisonment for a term which shall not be less than one year, but may extend to five years and shall also be liable to fine which shall not be less than rupees twenty five thousand."
The averments made in the writ petition on the one hand state about live-in relationship between the petitioners but at the same time they have expressed a difficulty in solemnization of marriage moreso on account of the impugned FIR lodged by opposite party no. 4.
It is also stated in paragraph-7 of the writ petition that the petitioners have performed 'Nikah' as per the customs of Islam.
Solemnization of interfaith marital relationship as stated above requires a clear declaration of conversion of religion of which a pre-report is necessary.
In the circumstances of the case, let a notice be issued to opposite party no. 4 who may file counter affidavit within four weeks.
Till the next date of listing coercive measures may not be taken against the petitioners subject to recording of the statement of petitioner no. 1 under Section 164 Cr.P.C. before the competent court within a period of two weeks from today.
The investigation shall accordingly follow looking to the statement recorded under Section 164 Cr.P.C. and the protection granted by this Court shall operate only in case the prosecutrix does not support the version set out in the FIR.
The State shall file a counter affidavit sworn by the investigating officer within four weeks enclosing the statement of the prosecutrix recorded under Section 164 Cr.P.C.
List this matter on 6.5.2021.
Order Date :- 12.4.2021 Fahim/-