3. Smti. Xyz (Complainant) vs Ri-Bhoi District on 8 July, 2026

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    Meghalaya High Court

    3. Smti. Xyz (Complainant) vs Ri-Bhoi District on 8 July, 2026

                                                                  2026:MLHC:700
    
    
    Serial No. 05
    Daily List                HIGH COURT OF MEGHALAYA
                                    AT SHILLONG
    
            Crl.Petn. No. 84 of 2026
                                                         Date of order: 08.07.2026
            1.      Mahin Mebanjop Sten
            2.      Smti. X (victim)
            3.      Smti. XYZ (Complainant)
                                                                      ...Applicants
                                            - versus -
    
            State of Meghalaya represented by the Superintendent of Police,
            Ri-Bhoi District, Meghalaya
                                                           ....Respondent
            Coram:
                  Hon'ble Mrs. Justice Revati Mohite Dere, Chief Justice
            Appearance:
            For the Petitioners        : Mr L. Syiem, Adv.
                                         Mr W. Bynnud, Adv.
                                         Ms A. Thongni, Adv.
    
            For the Respondent         : Ms O.A.I. Bang, GA
            i)       Whether approved for                   Yes
                     reporting in Law journals etc.:
    
            ii)      Whether approved for publication Yes
                     in press:
    
            JUDGMENT:

    (per the Hon’ble, the Chief Justice) (Oral)
    Heard learned counsel for the parties.

    2. Rule. Rule is made returnable forthwith with the consent

    SPONSORED

    of the parties and the aforesaid petition is taken up for final

    disposal.

    Page 1 of 11

    2026:MLHC:700

    3. By this petition, the petitioners i.e., the petitioner No. 1

    (accused), the petitioner No. 2 (prosecutrix) and the petitioner

    No. 3 (original complainant and mother of petitioner No. 2) seek

    quashing of the FIR dated 16.08.2023 registered with the Umroi

    PIC, Ri-Bhoi District being Women Police Station being Case No.

    48(08)/2023 at the behest of the petitioner No. 3 qua the

    petitioner No. 1 for the alleged offences punishable under

    Sections 3(a)/4 and 5(j)(ii)/6 POCSO Act and consequently, the

    proceeding pending before the learned Special Judge (POCSO),

    Nongpoh being Special POCSO Case No. 15 of 2024.

    4. Quashing is sought on the premise that the petitioner Nos.

    1 and 2 are living together as husband and wife with their two

    children, aged two years and eight months. On the last date i.e.,

    vide order dated 18.06.2026, all the petitioners were directed to

    appear before the Secretary, High Court Legal Services

    Committee to enable the Secretary to submit her report as to

    whether the consent given by the petitioner Nos. 2 and 3 is an

    informed consent and whether the petitioner No. 2 and her

    children have received any benefit under any of the Schemes,

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    2026:MLHC:700

    either of the State or Central Government, pursuant to which,

    the Secretary, High Court Legal Services Committee has

    submitted her report in a sealed envelope. The envelope is

    opened and the report dated 01.07.2026 is taken on record and

    perused.

    5. From the said report, it appears that at the time of the

    incident, the petitioner No. 1 was about 22 years of age and the

    petitioner No. 2 was about 17 years 8 months. From the report,

    it appears that the petitioner No. 1 today, is about 25 years of

    age and the petitioner No. 2 is about 20 years and that they are

    living together as husband and wife; and they are recognised as

    husband and wife under the Khasi customary practices. It

    further appears that the petitioner Nos. 1 and 2 are living in a

    house of the petitioner No. 2 alongwith their two children, aged

    two years and the other, aged eight months. From the report, it

    further appears that the petitioner No.1 drives a tourist taxi

    belonging to his mother and earning an income of about ₹2000/-

    to ₹2500/- weekly. The report also discloses that the petitioner

    No. 2 has passed Class IX and has no income of her own and

    the petitioner No. 1 is the sole bread earner of his family and is

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    2026:MLHC:700

    taking care of the family at home. It further appears from the

    report that the petitioner No. 2 does not have an Aadhar card for

    herself or her children, however, she plans to apply for the same.

    The report further reveals that the petitioner No. 2 is happy in

    her relationship and has no objection to the quashing of the

    proceeding initiated against the petitioner No. 1. The report

    further reveals that the petitioner No. 3, who is the mother of

    petitioner No. 2 also has no objection to the quashing of the

    proceeding since the petitioner Nos. 1 and 2 are living happily

    as a family together with their children.

    6. The report further reveals that the petitioner No. 2 nor her

    children have received any compensation or benefit from either

    the Central or State Government. The report reveals that the

    respondent No. 2 wishes to resume her studies and is also

    interested in cooking and would like to pursue a

    course/vocational training in cooking/growing plants, if given

    an opportunity.

    7. This Court in its judgment in the case of Shri Shalenbor

    Wahlang and anr. v. State of Meghalaya & anr. passed in

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    2026:MLHC:700

    Crl.Petn. No. 92 of 2023 dated 10th April, 2026 in paragraphs

    31, 33, 34 and 35 has observed as hereunder:

    “31. The ground realities in the State of Meghalaya cannot
    be ignored and lost sight of. It shows high incidents of
    adolescent consensual relationships culminating in
    elopement and early marriage or living together, as
    husband and wife, which is recognised by the society.
    Infact, cases of adolescent relationships where the parties
    i.e., the victim and the boy have got married or are living
    together as husband and wife and have a child from the
    said relationship are far too many, resulting in parties filing
    petitions under Section 528 BNSS (earlier, Section 482
    Cr.P.C.) seeking quashing of the proceeding by consent of
    the parties.

    32. …..

    33. What also cannot be lost sight of is, that in Meghalaya,
    matrilineal system is a rare, ancient societal structure
    among the Khasi, Garo and Jaintia tribes, where lineage
    and inheritance pass through the mother. Children take
    their mother’s surname, the youngest daughter inherits
    the property (is the custodian of ancestral property) and
    the husband often moves into the wife’s house. The system
    is believed to have originated from an agrarian society and
    the need to protect the family structure, ensuring women’s
    economic security, social stability and the preservation of
    tribal identity. Infact, in the Khasi community, women have
    more independence than women in many patriarchal
    communities, including the freedom to select their
    partners, remarry without shame and take an active role in
    public places like market place and businesses. It is in this
    background that this Court would have to consider a case
    seeking quashing of a POCSO case by consent, keeping in
    mind all factors, including the girl’s (victim’s) and her
    child’s social security, by ensuring that she and the child
    get the benefit of the government schemes, including under
    the POCSO Act.

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    2026:MLHC:700

    34. Thus, from the aforesaid discussion, quashing of a
    POCSO case under Section 528 BNSS by consent, is
    permissible even if it is a special statute and there is no
    specific exclusion of any present law/custom. However, the
    said discretion has to be used with due care and caution
    and circumspection in exceptional cases, to do justice. As
    noted earlier, there cannot be any straitjacket formula as
    to in which cases the said discretion can or cannot be
    exercised, inasmuch as, that would depend on the facts
    and circumstances of each case i.e., the age of the parties
    coming before the court; whether the consent given by the
    victim is an informed consent and not under coercion of
    the family members or the boy; that the victim and the
    accused are married and have a child or are living together
    as husband and wife, as per the customs in the State of
    Meghalaya, etc. Where parties are living together as
    husband and wife or are married, a police report, or a
    report from any authority, be called for, verifying the said
    claim. Also, while considering whether the consent of the
    victim is an ‘informed consent’, it is necessary that the
    victim places her affidavit on record giving her ‘No
    Objection’ to the quashing of the case. That, before such
    an affidavit is accepted, in order to ensure that the consent
    is an informed consent, the victim may be sent before the
    Secretary, MLSA or Secretary, DLSA to ascertain whether
    the consent is an informed consent, by giving her time to
    ponder over the same; and a report be called for, before
    such quashing petition is considered. While quashing the
    case, the Government schemes that may be available to a
    victim in a POCSO Act and the child born from the said
    relationship also be given due weightage as suggested and
    directed by the Apex Court in the case of Re: Right to
    Privacy of Adolescents (supra).

    35. No doubt, we are conscious of the fact that a case under
    POCSO Act, is not a case against an individual, but is an
    offence against the society as a whole, however, the
    administration or enforcement of the law cannot be
    divorced from lived realities. Rendering justice demands

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    2026:MLHC:700

    not only that the law be applied with precision, but also
    that it be tempered with fairness, compassion and empathy
    when the situation/facts of a case, warrant it. Thus, it is
    necessary to maintain a fine balance between the
    competing interests of justice, deterrence and
    rehabilitation. Where the victim and the boy are married or
    are living together as husband and wife (and recognised),
    and have a child/children, sending the boy to jail would
    not serve the cause of justice, rather it would cause great
    injustice to the victim and the child born from the said
    consensual relationship, as ultimately, the aim of the law
    is to do justice. Thus, in cases where the court comes to
    the conclusion, that the consent given by the victim is a
    genuine and informed consent and that it would be greater
    injustice to send the boy to jail, instead of letting the parties
    live together as one family, the Court may consider
    quashing the case, pending trial, keeping in mind what is
    stated aforesaid. We may note, considering the large
    number of POCSO cases, in particular Romeo – Juliet
    cases, it is the responsibility of the State Government to
    create awareness amongst the people, including the
    children about the provisions of the POCSO Act, its
    punishment, etc., not only in the cities but also in the
    interior and remote places, including schools, colleges,
    etc.”

    8. Considering the judgment as stated aforesaid, the report

    of the Secretary, High Court Legal Services Committee, the fact

    that the petitioner Nos. 1 and 2 are living together as husband

    and wife, which is recognised as per the Khasi customary

    practices; the no objection to the quashing given by the

    petitioner Nos. 2 and 3, and, the fact, that the petitioner Nos. 1

    Page 7 of 11
    2026:MLHC:700

    and 2 have two children, aged two years and eight months,

    respectively, there is no impediment in quashing the said

    proceeding. If the proceeding is not quashed, great and serious

    prejudice will be caused to the petitioner No. 2 and the two

    children born from the said relationship. Accordingly, the

    petition is allowed and the FIR registered with the Umroi PIC,

    Ri-Bhoi District being Women Police Case No. 48(08)/2023 and

    consequently, the proceeding pending before the learned Special

    Judge (POCSO), Nongpoh being Special POCSO Case No. 15 of

    2024, are quashed and set aside.

    9. Needless to state, that the petitioner No. 2 and her two

    children be extended all benefits as may be applicable to them,

    i.e., the Schemes from either the Central or State Government.

    The said Schemes are as under:

    (i) Scheme for Care and Support to Victims of under
    Sections 4 and 6 of the POCSO Act (exclusively for POCSO
    victims) [Nirbhaya Fund];

    (ii) Mission Vatsalya Scheme (Child Protection Services);

    (iii) Beti Bachao, Beti Padhao (BBBP) Scheme;

    (iv) Meghalaya Victim Compensation Scheme, 2022;

    (v) Meghalaya Health Insurance Scheme;

    (vi) Ayushman Bharat-PM-JAY (free health);

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    2026:MLHC:700

    (vii) Mission 1000 Days-Meghalaya;

    (viii) Rashtriya Bal Swasthya Karyakram (RBSK);

    (ix) Chief Minister’s Safe Motherhood Scheme or CM-SMS;

    (x) Special Training Programme for age-appropriate
    admission of Out of School Children (OoSC) and Back to
    School Campaign;

    (xi) Samagra Siksha (Back to School);

    (xii) NALSA (Child-Friendly Legal Services for Children)
    Scheme 2024;

    (xiii) NALSA (Legal Services to Persons with Mental Illness
    and Persons with intellectual Disabilities) Scheme, 2024;
    and

    (xiv) Mission Shakti-Women’s Safety, Support and
    Empowerment; and

    (xv) Insurance or any other scheme.

    10. The DCPO, Ri-Bhoi District, Nongpoh as well as the

    Secretary, DLSA, Ri-Bhoi District, Nongpoh to ensure that all

    Schemes as may be applicable to the petitioner No. 2 and her

    two children are made available to them at the earliest. The

    petitioner No. 2’s desire to resume her education and also

    pursue a course/vocational training, to be also borne in mind

    and accordingly, steps to be taken by the concerned authorities.

    11. In the event, compensation under the Victim

    Compensation Scheme is awarded to the petitioner No. 2,

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    2026:MLHC:700

    considering her age, the said amount, be kept in a Fixed Deposit

    standing in the name of the petitioner No. 2 till she attains the

    age of 25 years. The petitioner No. 2 will, however, be entitled to

    quarterly interest on the said amount. The petitioner No. 2 is at

    liberty to decide what she intends to do with the said amount

    after she attains the age of 25 years.

    12. The Registry to forthwith forward a copy of this order to

    both, the Member Secretary, Meghalaya State Legal Services

    Authority, Shillong and Commissioner and Secretary, Social

    Welfare Department, Shillong as well as to the DCPO, Ri-Bhoi

    District, Nongpoh and the Secretary, DLSA, Ri-Bhoi District,

    Nongpoh to enable them to take steps and comply with the same.

    13. The petition is allowed and Rule is made absolute on the

    aforesaid terms.

    14. Petition is, accordingly disposed of.

    15. Stand over to 9th September, 2026 for recording

    compliance vis-a-vis the directions given to the DCPO, Ri-Bhoi

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    2026:MLHC:700

    District, Nongpoh and Secretary, DLSA, Ri-Bhoi District,

    Nongpoh and to enable them to submit their report.

    16. All parties to act on the authenticated copy of this order.

    (Revati Mohite Dere)
    Chief Justice

    Page 11 of 11
    Signature Not Verified
    Digitally signed by SYLVANA
    LIZ KHARBHIH
    Date: 2026.07.13 18:08:26 IST



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