SHILLONG, India, May 19 -- Meghalaya High Court issued the following April 17:

1. Heard learned counsel for the parties.

2. Rule. Rule is made returnable forthwith with the consent of the parties and the aforesaid petition is taken up for final disposal.

3. Mr S. Sengupta, learned Addl PP waives notice on behalf of the respondent No. 1 and Ms N.M. Kharshemlang, learned counsel waives notice on behalf of the respondent No. 2.

4. By this petition, the petitioner seeks quashing of the FIR registered with the Mawlai Police Station being P.S. Case No. 67 of 2023 for the alleged offences punishable under Sections 5 and 6 of the POCSO Act, 2012. Quashing is sought on the premise that the petitioner (accused) and the respondent No. 2 (victim) have got married and have a 2-year-old son from the said relationship.

5. According to the respondent No. 2 (victim), she was in a romantic relationship with the petitioner since October, 2021 and that the physical relationship between them was consensual, as a result of which the respondent No. 2 became pregnant. It is stated that when she disclosed the same to the petitioner, he suggested an abortion which the respondent No. 2 refused and hence, she lodged an FIR. After investigation, charge-sheet was filed in the said case and the proceeding is presently pending before the Special Judge (POCSO) being POCSO Case No. 55 of 2024 at Shillong.

6. Since this is a petition seeking the quashing of the FIR/proceeding with the consent of the respondent No. 2 on the premise that the parties are married and have a child, the respondent No. 2 was directed to appear before the Secretary, High Court Legal Services Committee to enable the Secretary to submit her report whether the consent given by the respondent No. 2 is an informed consent; whether she has received any benefit, either from the State or the Central Government under any of the Schemes available to POCSO victims and children born to POCSO victims. Pursuant thereto, the Secretary, High Court Legal Services Committee has submitted her report in a sealed envelope. The said envelope is opened and the report dated 10th April, 2026 is perused and is taken on record. From the said report, it appears that the respondent No. 2 is a major and is living in a joint family consisting of her mother, grandmother, an aunt alongwith the petitioner and their 2-yearold son. It further appears that the petitioner is working at Mawlai-Mawroh in connection with his work and lives with the respondent No. 2 and their son on weekends in Bhoi-Umroi.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63Kv%2F2onLjulDpUtE%2FHywcACipJtY8Mxg5xpHBBzTejPKxj&caseno=Crl.Petn./3/2026&cCode=1&cino=MLHC010000852026&state_code=21&appFlag=)

Disclaimer: Curated by HT Syndication.