The Meghalaya High Court has quashed a POCSO case involving a couple living together as husband and wife since 2017, after considering the survivor's informed consent, the police verification report and the circumstances of their family.

Chief Justice Revati Mohite Dere, referring to the Court's earlier ruling in Shri Shalenbor Wahlang v. State of Meghalaya, observed that the survivor and her mother had no objection to quashing the proceedings and that there was no impediment to allowing the petition.

The order arose from a petition seeking quashing of the chargesheet and Special POCSO Case pending before the Special Judge (POCSO), East Khasi Hills District, Shillong.

According to the petition, the accused was 18 years old and the survivor was 17 years, 11 months and 27 days old at the relevant time. Counsel submitted that they were in a romantic relationship and had lived together as husband and wife since 2017.

The Court sought a police report to verify the petition and directed the survivor and her mother to appear before the Secretary of the High Court Legal Services Committee to ascertain whether their consent was informed and whether the survivor and her child had received benefits under government schemes.

The Secretary's report recorded that the survivor had entered into the relationship of her own free will. She gave birth to a son in December 2017, who died within a month, and subsequently had a daughter. The report stated that the accused was taking care of the survivor and their child. The survivor worked as a cleaner earning about ₹10,000 per month and wished to open a shop with financial assistance. Both she and her mother said they did not wish to pursue the case.

The Court referred to its earlier judgment in Shri Shalenbor Wahlang and another v. State of Meghalaya and another, Crl.Petn. No. 92 of 2023, dated 10 April 2026. In that decision, the Court had said: “quashing of a POCSO case under Section 528 BNSS by consent, is permissible even if it is a special statute”. It had cautioned that the discretion must be exercised “with due care and caution and circumspection in exceptional cases, to do justice.” 

The earlier judgment also required consideration of the parties' ages, whether the survivor's consent was informed and free from coercion, their marital or family circumstances, independent verification and access to relevant government schemes. It recognised that POCSO offences are offences against society, while stressing the need to balance justice, deterrence and rehabilitation.

Applying that ruling, the Chief Justice took into account the Legal Services Committee report, the police report confirming that the couple had lived together since 2017 with their daughter, and the no-objection given by the survivor and her mother. The Court quashed the FIR, chargesheet and pending POCSO proceedings.

The Court further directed that the survivor and her daughter receive benefits available to them under applicable Central and State schemes, including victim compensation. The District Child Protection Officer and the Secretary, District Legal Services Authority, East Khasi Hills, were directed to ensure access to eligible benefits within eight weeks of receipt of the order and appoint a support person to assist them.

A compliance report was directed to be placed before the Court. The matter is now listed on 11 November 2026 for recording compliance.