The Court observed that continuing the criminal proceedings would serve no purpose, particularly when the survivor had given informed consent for quashing the case and the parties were living together as husband and wife.

Chief Justice Revati Mohite Dere remarked that: “Keeping in mind the observations made in the aforesaid judgment, the report of the Secretary, High Court Legal Services Committee, the fact that the petitioner Nos. 1 and 2 are married and are living together as husband and wife alongwith their two children, aged 4 years and 3 years respectively, no purpose will be served in continuing with the proceeding qua the petitioner No. 1.”

The case arose from an FIR registered at Sadar Police Station in 2024, followed by proceedings before the Special Judge (POCSO), Shillong.

The accused and the survivor jointly approached the High Court seeking quashing of the FIR and consequential proceedings, stating that they had entered into a relationship in 2021, subsequently married and were living together as husband and wife with their two children, aged four and three years.

The Court sought a report from the Secretary, High Court Legal Services Committee to ascertain whether the survivor's consent for quashing the proceedings was informed and voluntary.

The High Court observed that quashing of POCSO proceedings under Section 528 BNSS may be permitted in exceptional circumstances, provided the survivor's consent is genuine, informed and free from coercion. The Court emphasised the need to balance the interests of justice, deterrence and rehabilitation while considering the social security of the survivor and her children.

Taking note of the Legal Services Committee's report, the parties' marriage and their two children, the Court held that continuing the proceedings would serve no purpose. Accordingly, it quashed the FIR and the consequential POCSO proceedings against the accused.

Date of Decision: 03.11.2026