The Meghalaya High Court has quashed POCSO proceedings against a 24-year-old man after the survivor, now aged 19, and her mother expressed no objection to the quashing of the case, observing that the parties were living together as husband and wife with their two children.

The Court, after examining the survivor's informed and voluntary consent through the report of the Secretary, High Court Legal Services Committee, held that there was no impediment to quashing the FIR and consequential proceedings.

Chief Justice Revati Mohite Dere remarked that: “Having regard to the fact that the petitioners are living together as husband and wife alongwith their two children, there is no impediment in allowing the petition. The petition is accordingly allowed and the FIR and the consequential proceedings are quashed and set aside.”

The case originated from an FIR registered at Nongstoin Police Station in 2021 under Sections 5(j)(ii)(l) and 6 of the POCSO Act against the accused, who was then in a romantic relationship with the survivor. The survivor, now aged 19, and the accused, aged 24, are living together as husband and wife and have two children.

The survivor and her mother, who was the original complainant, expressed no objection to quashing the proceedings. Accordingly, they approached the Meghalaya High Court seeking quashing of the FIR and the pending proceedings before the Special POCSO Court.

The Meghalaya High Court observed that POCSO proceedings may be quashed in exceptional circumstances where the survivor's consent is genuine, informed and free from coercion, and the parties are living together as a family with children.

The Court emphasised the need to balance justice, deterrence and rehabilitation while considering the social realities of the State. After examining the reports submitted by the Legal Services Committee and the police, the Court found no impediment to quashing the proceedings.

It also directed the authorities to ensure that the survivor and her two children receive applicable government welfare benefits and vocational training assistance.

Date of Decision: 03.11.2026