Allahabad High Court Quashes ‘Love Jihad’ FIR, Slams UP Government for “Mismanagement”
Court orders release of accused, calls case a misuse of law and imposes ₹75,000 fine on the state for unlawful detention.
The Allahabad High Court has struck down an FIR filed under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, against five individuals, calling it a “false and baseless” case that reflects poor governance and misuse of power by state authorities.
A division bench comprising Justice Abdul Moin and Justice Babita Rani ruled that the case was filed without evidence and ordered the immediate release of one of the accused, Umaid alias Ubaid Khan. The court directed the Uttar Pradesh government to pay him ₹50,000 as compensation for his illegal detention and deposit another ₹25,000 with the State Legal Services Authority.
Background
The FIR, lodged on September 13, 2025, accused five people of allegedly convincing a woman to convert her religion and helping her flee with jewelry and cash. It was also claimed that the accused were part of a “conversion gang.”
However, the woman later appeared before the court and investigators, clearly stating that she had left home of her own free will due to domestic violence by her husband. She said no one had forced or persuaded her to convert. In her statement recorded on September 19 under Section 183 of the Bharatiya Nyaya Sanhita (BNS), she completely denied the allegations.
Court’s Findings
The bench noted that despite the woman’s statement, the investigating officer failed to act under Section 189 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) which provides for the release of an accused when there is insufficient evidence. The court said the accused was unnecessarily kept in custody without justification.
“The woman’s statement makes it clear that she left on her own. Therefore, no offence under Section 140 of the BNS, 2023, is made out,” the judges observed. They further pointed out that the other sections applied 316(2) and 317(2), related to criminal breach of trust and handling stolen property—carry maximum penalties of only five and three years, where arrest is not mandatory.
FIR Found to Be Malicious
Calling the FIR “false and troubling,” the court said that once the woman’s statement was recorded, officials were legally bound to release the accused. The bench cited the Supreme Court’s ruling in Rajendra Bahari Lal vs. State of Uttar Pradesh, reaffirming that courts must intervene when the law is misused to harass individuals.
Penalty and Directions
The court imposed a total fine of ₹75,000 on the Uttar Pradesh government—₹50,000 as compensation to the petitioner and ₹25,000 to be paid to the Legal Services Authority. It also allowed the state to take disciplinary action against the complainant and any officials who acted negligently or with malice.
Terming the case a “clear failure of the state machinery,” the bench ordered the immediate release of the petitioner and emphasized the need for accountability in such matters.
