However, the Court clarified that such power must be exercised with due care, caution and circumspection in exceptional cases, having regard to the facts and circumstances of each case, including the age of the parties, whether the victim's consent is informed and free from coercion, and whether the victim and the accused are married, have a child or are living together as husband and wife in accordance with local customs.

Chief Justice Revati Mohit Dere remarked that: “quashing of a POCSO case under Section 528 BNSS by consent, is permissible even if it is a special statute… However, the said discretion has to be used with due care and caution and circumspection in exceptional cases.”

Background

The petition was filed by the original accused and the survivor seeking quashing of an FIR registered at the Women Police Station, East Jaintia Hills, along with the consequential chargesheet and pending Special POCSO Case. The petitioners stated that they had been in a romantic relationship at the time of the incident and had subsequently married and had two children.

The Court's Legal Services Committee report recorded that the parties were married and living together with their two sons, and that the survivor voluntarily wished to have the proceedings closed.

The Court, held that POCSO proceedings can be quashed in exceptional cases where the victim's consent is informed and voluntary, particularly where the parties are married or living together and have children. In the present case, the Court found no impediment to quashing the proceedings as the parties were married, living together with their two children, and the survivor had voluntarily consented to closure of the case.

Accordingly, the Court quashed the FIR, chargesheet and pending Special POCSO proceedings, while directing the authorities to extend applicable government welfare and compensation schemes to the survivor and her children.

Case Name: Shri Sooki Rymbai v/s State of Meghalaya

Case No.: Crl. Petn. No.88 of 2026

Date of Decision: 02.09.2026