Shillong, April 24: The Meghalaya High Court has quashed a case under the Protection of Children from Sexual Offences Act, prioritising the welfare of a family after noting that the relationship between the accused and the complainant was consensual and that the couple are now married with two children.
The order was passed by Chief Justice Revati Mohite Dere in Criminal Petition No. 17 of 2026. The case originated from an FIR registered at Mawryngkneng Police Station under Sections 5 and 6 of the Act after a medical officer reported the matter when the girl, then 17, sought treatment during pregnancy.
Court records indicated that the accused was 21 at the time and that the two were in a consensual relationship. They later married in accordance with local customary practices in Meghalaya and have since been living together as husband and wife in a joint family, raising two children.
The bench took note of the woman’s consent to quash the proceedings. A report submitted by the High Court Legal Services Committee confirmed that she was living voluntarily and without coercion. It also recorded that she had not received any compensation under government schemes and expressed interest in pursuing vocational training.
While acknowledging that offences under the POCSO Act are considered crimes against society, the court observed that legal enforcement must be balanced with social realities in exceptional circumstances. It referred to the prevalence of adolescent consensual relationships in the state and noted the matrilineal system, where family structures often differ from other regions.
The court held that continuing prosecution or incarcerating the accused would not serve justice and could adversely affect the woman and their children. It subsequently quashed the FIR and the ongoing trial before the Special POCSO Court in Shillong.
Additionally, the bench directed authorities to ensure that the woman and her children are covered under relevant state and central welfare schemes, including healthcare, child protection and educational support, within eight weeks. A compliance report has been sought, and the matter is scheduled for follow-up on July 2, 2026.
