Meghalaya High Court Quashes POCSO Case Against Man, Cites Survivor's No-Objection As They Live Together With Their 6-Year-Old Son
The Meghalaya High Court has quashed a POCSO case registered against a 25-year-old man after finding that the 22-year-old survivor had given her informed consent to quashing the proceedings and was voluntarily living with him along with their six-year-old son.
The Court observed that in exceptional cases involving consensual adolescent relationships resulting in marriage or cohabitation and children, the power to quash proceedings under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) may be exercised, provided the survivor's consent is genuine and informed.
Justice Revati Mohite Dere remarked that: “the fact that the petitioners are cohabiting together since 2023 alongwith their son, there is no impediment in allowing the petition.”
The petitioners approached the Meghalaya High Court seeking quashing of an FIR registered at Khliehriat Women Police Station in 2020 under the POCSO Act and the consequential proceedings pending before the Special Judge (POCSO), Khliehriat.
They submitted that they had entered into a consensual relationship when the survivor was studying in Class 10 and had a son from the relationship, who was six years old. They further stated that they were living together as husband and wife with the consent of their families and that the survivor had no objection to quashing the proceedings.
The Court observed that POCSO proceedings could be quashed under Section 528 BNSS in exceptional cases, provided the survivor's consent was genuine, informed and free from coercion.
Relying on reports from the High Court Legal Services Committee and the police, the Court found that the survivor was voluntarily cohabiting with the accused and had no objection to quashing the case.
Accordingly, it quashed the FIR and the pending POCSO proceedings. The Court also directed the authorities to extend applicable government benefits to the survivor and her six-year-old son and appoint a support person to help her resume her education.
Date of Decision: 03.11.2026