Name of the Case: Mustafa & Ors v. The State of Karnataka & Ors.
Citation: 2025:KHC-D:8877
Hon’ble Karnataka High Court’s Bench: Justice Venkatesh Naik T
Date: 17.07.2025
In a significant ruling, the Hon’ble Karnataka High Court exercised its inherent powers under Section 482 CrPC (Section 528 BNSS), and quashed the FIR and criminal proceedings against three men accused of violating the Karnataka Protection of Right to Freedom of Religion Act, 2022, by distributing certain pamphlets and propagating Islam to devotees coming to visit the temple in Jamkhandi.
While making this ruling, the Hon’ble High Court observed that there were no allegations in the FIR suggesting that the accused had converted or attempted to convert anyone from one religion to another. Further, it was highlighted that the complaint herein was filed by a third party, and not by a converted person or some immediate relative, an act that is impermissible under Section 4 of the 2022 Act. The Hon’ble High Court asserted that the absence of these essential ingredients vitiated the FIR and any consequential chargesheet filed, and accordingly, quashed the FIR and any pending proceedings, holding that mere propagation of one’s religion without any attempt at conversion or any proper complaint by a victim does not constitute an offence under the 2022 Act.
