SHILLONG, India, May 19 -- Meghalaya High Court issued the following April 16:

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 all the respondents.

4. By this petition, the petitioners seek quashing of the FIR registered with Mawshynrut Police Station being P.S. Case No.3(2) of 2021 for the alleged offences punishable under Sections 5 and 6 of the POCSO Act, 2012 and consequently, the proceeding being Special POCSO Case No.48 of 2023 pending before the Court of the learned Special Judge (POCSO), West Khasi Hills, Nongstoin.

5. Quashing is sought by consent, on the premise that the petitioners i.e., petitioner No. 1 (original accused) and Petitioner No.2 (victim) are living together as husband and wife and have two children born from the said relationship.

6. A few facts giving rise to the filing of the aforesaid petition are as under:-

7. An FIR was lodged by the Officer-in-Charge of Nongstoin Women Police Station, West Khasi Hills District, Nongstoin on the information received by her from the District Child Protection Officer (DCPO) that there was a teenage pregnancy of the petitioner No.2. Pursuant thereto, an FIR was lodged by the Officer-in-Charge of Nongstoin Women Police Station, West Khasi Hills District, Nongstoin alleging the aforesaid offences, as the petitioner No.2 was aged 16 years at the relevant time. Although, the investigation revealed that the minor girl had a voluntary physical relationship with the petitioner No.1, who at that time was about 25-26 years old, resulting in the birth of a male child on 22nd September, 2020 FIR was lodged, having regard to the fact, that the petitioner No.2 was a minor. After investigation, chargesheet was filed in the said case and the case is presently pending before the learned Special Judge (POCSO), West Khasi Hills, Nongstoin, being Special POCSO Case No.48 of 2023.

8. The aforesaid petition has been filed jointly by the petitioner No.1, who is an accused and the petitioner No.2 (survivor), seeking quashing of the FIR/proceeding by consent.

9. Since this is a petition seeking quashing of the proceeding by consent, the parties were directed to appear before the Secretary, High Court Legal Services Committee on 8th April, 2026, in order to enable the Secretary, High Court Legal Services Committee to find out and submit a report whether the consent given by the petitioner No.2 is an informed consent; whether she has received any benefits under any of the Schemes either, from the State or Central Government etc. Pursuant thereto, the Secretary, High Court Legal Services Committee has submitted her report dated 15th April, 2026 in a sealed envelope. The said envelope is opened and the said report is taken on record.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xyS222ypVd5IAF%2FoOpRU4hqGY4kAGjF0lIg%2BG0yu1XAl&caseno=Crl.Petn./39/2025&cCode=1&cino=MLHC010008152025&state_code=21&appFlag=)

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