Heard learned counsel for the petitioners.
2. By this petition, the petitioner No. 1 (accused) and the
petitioner No. 2 (prosecutrix) seek quashing of the FIR registered
with the Pynursla Police Station, East Khasi Hills District being
Pynursla P.S. Case No. 29 (06) 2022 for the alleged offence
punishable under Section 5(j)(ii) read with Section 6 of the
POCSO Act and consequently, the proceeding pending before the
learned Special Judge (POCSO), Shillong being Special (POCSO)
Case No. 51 of 2022.
3. Quashing is sought on the premise that the relationship
between the petitioners was consensual. Learned counsel for the
petitioners submits that at the relevant time, the petitioner No.
2 (prosecutrix) was aged 16 years and the petitioner No. 1 was
20 years, and today, the petitioner No. 2 is aged 20 years and
the petitioner No. 1 is 24 years. She submits that from the said
relationship, the petitioners have two children, one aged 1 year
5 months and the another, 4 months old. She states that the
parties are living together as husband and wife with the consent
of the families of both the sides.
