Shillong, April 19: The High Court of Meghalaya has set aside a criminal case registered under the Protection of Children from Sexual Offences Act after determining that the complainant had given informed and voluntary consent to the quashing, and that both parties were now married and living together with their child.
The petition was filed by Pyndaplang Jalong seeking the quashing of an FIR lodged at Mawlai Police Station in 2023 under Sections 5 and 6 of the POCSO Act. The plea stated that the accused and the complainant had since entered into marriage and were raising a two-year-old son.
Before delivering its decision, Chief Justice Revati Mohite Dere directed the complainant to appear before the Secretary of the High Court Legal Services Committee. The court sought a report confirming whether her consent was free and informed, and whether she and her child had accessed government schemes available to POCSO victims.
The report, submitted on April 10, 2026, in a sealed cover, confirmed that the couple had solemnised their marriage in a church in 2025 in the presence of both families. It further noted that the woman was a major residing in a joint family and that her consent to the legal proceedings was genuine.
While adjudicating the matter, the court relied on its earlier ruling in Shalenbor Wahlang and anr. v. State of Meghalaya and anr., which held that quashing of POCSO proceedings by consent may be permitted in exceptional circumstances under Section 528 of the BNSS. The judgment underscored that justice must combine legal precision with fairness, compassion and sensitivity when warranted by the facts of a case.
The court also directed authorities to ensure that all eligible government benefits are extended to the complainant and her child. These include support under schemes such as the Nirbhaya Fund, Mission Vatsalya, Ayushman Bharat PM-JAY, Mission 1000 Days, and the Meghalaya Victim Compensation Scheme 2022.
Officials, including the District Child Protection Officer and the Secretary of the District Legal Services Authority in East Khasi Hills, have been instructed to ensure compliance within eight weeks. The matter has been scheduled for a compliance review on June 19, 2026.
