Shillong, April 19: The High Court of Meghalaya has quashed a criminal case registered under the Protection of Children from Sexual Offences Act after the accused and the survivor jointly appeared before the court seeking closure of proceedings by mutual consent.
The petition, registered as Crl.Petn. No. 39 of 2025, was filed by Anbesson Kharbani along with the survivor, identified as A, challenging a 2021 FIR lodged at Mawshynrut Police Station under Sections 5 and 6 of the POCSO Act. The case originated after a teenage pregnancy was reported by the District Child Protection Officer. At the time, the survivor was 16 years old, while the accused was in his mid-twenties.
Investigations had found the relationship to be consensual, following which a chargesheet was filed. The matter remained pending before the Special POCSO Court in West Khasi Hills at Nongstoin as Special POCSO Case No. 48 of 2023.
A report submitted by the Secretary of the High Court Legal Services Committee indicated that the couple had been living together as husband and wife and were raising two children aged around five-and-a-half and two-and-a-half years. It noted that the accused worked as a mason and was the sole financial provider, while their elder child had been enrolled in a government school.
The report also highlighted the absence of essential identity and birth documents for the survivor and her children. The lack of a birth certificate, EPIC card and Aadhaar card had prevented formal registration of the children’s births and delayed the couple’s plan to solemnise their marriage in a church, despite consent from both families.
Presiding over the case, Chief Justice Revati Mohite Dere referred to the precedent set in Shalenbor Wahlang and anr. v. State of Meghalaya and anr. and allowed the plea, setting aside both the FIR and the pending proceedings.
The court directed the concerned authorities to assist the survivor in securing necessary documents, including birth certificates and identity cards for herself and her children. It further instructed the District Child Protection Officer and the District Legal Services Authority of West Khasi Hills to ensure that all eligible government benefits are extended to the family within eight weeks. A compliance report has been scheduled to be submitted before the court after nine weeks.
