Ground Reality In Meghalaya Shows High Rate Of Adolescent Relationships & Elopement, Cannot Be Ignored: High Court Quashes POCSO Case
The Meghalaya High Court has acknowledged that the prevailing social realities in the State regarding adolescent consensual relationships often culminate in elopement, early marriage, or cohabitation, and must be recognised by society. The Court noted that such cases frequently lead to the birth of children and have resulted in a growing number of petitions seeking quashing of...
The Meghalaya High Court has acknowledged that the prevailing social realities in the State regarding adolescent consensual relationships often culminate in elopement, early marriage, or cohabitation, and must be recognised by society.
The Court noted that such cases frequently lead to the birth of children and have resulted in a growing number of petitions seeking quashing of criminal proceedings under Section 528 BNSS, filed with the consent of both the victim and the accused.
Justice Revati Mohite Dere stated that: “The ground realities in the State of Meghalaya cannot be ignored… It shows high incidents of adolescent consensual relationships culminating in elopement and early marriage or living together, as husband and wife… cases… are far too many, resulting in parties filing petitions… seeking quashing of the proceeding by consent of the parties.”
Background:
The petitioners approached the Court seeking the quashing of an FIR registered under Sections 5 and 6 of the POCSO Act. At the time of the incident, the victim was 17 years old, and the accused was 21. The FIR was lodged by a Medical Officer after the victim reported pregnancy.
The petitioners contended that they were in a consensual relationship, had married according to local practices, and were living as husband and wife with their children. The victim also supported the plea for quashing.
The Court observed that the relationship between the accused and the victim was consensual, and that they had subsequently married as per local customs and were living together with their children. This factual matrix weighed heavily in favour of quashing.
Further, the Court ensured that the victim's consent was genuine by directing verification through the Legal Services Committee. Upon review, it was accepted that the consent was not the result of coercion.
The Court reaffirmed that although POCSO offences are serious, quashing is permissible; however, the said discretion has to be used with due care and caution, depending on the facts and circumstances of each case.
The Court held that sending the boy to jail would not serve the cause of justice, it would cause great injustice to the victim and the child born from the said consensual relationship.
Case Name: Shri Vicky Kharsati V/s State of Meghalaya
Case No.: Crl.Petn.No. 17/2026
Date of Decision: 23.04.2026