Allahabad HC orders probe into Fake Arya Samaj Marriages involving Minors; Dismisses Plea to Quash POCSO Case

The Allahabad High Court dismissed an application seeking to quash criminal proceedings against the applicant in a case involving charges under Sections 363, 366, 376 IPC and Sections 3/4 of the POCSO Act, arising out of an FIR alleging kidnapping and sexual assault of a minor girl.

The application under Section 528 BNSS sought to quash the summoning order dated September 12, 2024, and entire proceedings in Criminal Case No. 1300/2024 before the Special POCSO Court, Maharajganj, on the grounds that the applicant had solemnized marriage with the victim, who was now living with him as a consenting adult.

However, Justice Prashant Kumar rejected the plea, holding that the girl was a minor at the time of the alleged incident and that the marriage, allegedly performed at an Arya Samaj Mandir, had no legal sanctity without valid conversion under the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, and mandatory registration under the U.P. Marriage Registration Rules, 2017.

The Court while citing its previous observations in Shanidev & Anr v. State of U.P., Writ C No.22491 of 2024, regarding the misuse of Arya Samaj platforms to solemnize marriages without age verification or legal compliance, noted that such practices are leading to abuse of minors and evasion of statutory safeguards.

The Court expressed grave concern over the growing number of fake Arya Samaj marriage certificates, often involving underage girls and interfaith couples, and directed the Home Secretary of U.P. Government to initiate a statewide investigation into how such illegal marriages are being conducted. The Court also directed that the probe must be conducted by an officer not below the rank of Deputy Commissioner of Police, with a compliance report to be filed by August 29, 2025.

Appearances: 

Counsel for Applicant :- Parmeshwar Yadav

Counsel for Opposite Party :- G.A.