The Meghalaya High Court has quashed a POCSO case against a man who had been living with the survivor as her husband since 2017, after examining the circumstances of their relationship and the survivor’s expressed wish not to pursue the proceedings. The Court also directed authorities to extend applicable government benefits to the survivor and her daughter.
In its September 15, 2026 order, Chief Justice Revati Mohite Dere emphasised the need to consider the individual circumstances of such cases while exercising the High Court’s power to quash criminal proceedings.
Background
The case arose from an FIR registered at Sadar Police Station in 2017, followed by a chargesheet and proceedings before the Special POCSO Court in Shillong. At the relevant time, the man was 18, while the survivor was 17 years, 11 months and 27 days old.
The Court obtained reports from the police and the High Court Legal Services Committee to verify the parties’ circumstances and whether the survivor’s consent was freely given. The reports indicated that the couple had been living together since 2017 and had a daughter. Both the survivor and her mother expressed no objection to quashing the case.
Relying on its earlier judgment in Shalenbor Wahlang v. State of Meghalaya, the Court considered the social realities of Meghalaya, including relationships that lead to early marriage or couples living together.
The earlier judgment observed:
“Thus, from the aforesaid discussion, quashing of a POCSO case under Section 528 BNSS by consent, is permissible even if it is a special statute and there is no specific exclusion of any present law/custom. However, the said discretion has to be used with due care and caution and circumspection in exceptional cases, to do justice.”
The Court also reiterated the importance of balancing the interests of justice with the survivor’s circumstances and the welfare of the child.
Allowing the petition, the Court quashed the FIR, chargesheet and pending POCSO proceedings. It directed the District Child Protection Officer and the Secretary of the District Legal Services Authority to facilitate applicable government schemes and compensation for the survivor and her daughter within eight weeks.
A support person must also be appointed, and a compliance report submitted to the Court.
