Allahabad High Court: In an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of summoning order and entire proceedings arising out of a criminal case registered against the accused herein under Sections 363, 366, 376 of the Penal Code, 1860, and Section 3 and 4 of the Protection of Children from Sexual Offences Act, 2012, the Single Judge Bench of Prashant Kumar, J., dismissed the application for being non-meritorious. However, the Court directed the Home Secretary of the State to investigate fake Arya Samaj societies that were conducting illegal marriages and to determine how they had flourished in the State.
Background
The accused contended that he and the minor victim had solemnized their marriage. Aggrieved, the victim’s father lodged an FIR alleging that his daughter was kidnapped by the accused with the help of some other persons. Thereafter, since she was a minor, she was sent to Nari Niketan, and upon attaining majority, she started living with the accused.
The State contended that since the victim was a minor as per her high school certificate, she could not have solemnized a marriage with the accused. Further, both of them belonged to different religions; as such, their marriage could not be considered valid until and unless proper conversion was carried out per the provisions of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 (‘UP Act’). Additionally, the marriage certificate was issued by an Arya Samaj Mandir, which seemed to be a fabricated document.
Analysis
At the outset, the Court noted that the accused and the victim belonged to different religions. The accused contended that they had solemnized their marriage in an Arya Samaj Mandir at Prayagraj. However, the same could not have been done without proper conversion as per the existing law.
The Court further noted that in Shanidev v. State of U.P., 2024 SCC OnLine All 8892, the Court had pointed out that certain people who claimed to belong to Arya Samaj were getting marriages solemnized illegally with mala fide intentions without even verifying the age of the groom and the bride. The Court stated that the aforesaid order showed an astonishing figure of the number of marriages which were solemnized by the Arya Samaj Mandir in the State in one year. Even otherwise, for all the marriages solemnized in the State, their registration was compulsory under the Uttar Pradesh Marriage Registration Rules, 2017.
Noting the aforesaid, the Court stated that in the instant case, the marriage had not been registered. Furthermore, the record showed that at the time of the alleged incident, the victim was a minor and in no way would any marriage solemnized by her be a valid marriage.
Thus, the Court dismissed the present application for being devoid of merit.
Further, the Court directed the Home Secretary to get the matter investigated by an officer, not below the rank of Deputy Commissioner of Police. He was further asked to file a compliance report via a personal affidavit regarding how such fake Arya Samaj Societies, which were conducting such marriages and issuing certificates, had flourished throughout the State. In some cases, they had married minor girls. Furthermore, they were violating the provisions of the UP Act.
Accordingly, the matter was directed to be listed on 29-08-2025 as fresh, along with the report.
[Sonu v. State of U.P., Application u/s 528 BNSS No. 24122 of 2025, decided on 24-07-2025]
Advocates who appeared in this case:
For the applicant: Parmeshwar Yadav
For the respondent: N.K. Upadhyay, AGA for State
Buy Penal Code, 1860 HERE
Buy Protection of Children from Sexual Offences Act, 2012 HERE
