Meghalaya HC closes POCSO case as survivor, accused with two children seek consent-based closure

A criminal case filed under the POCSO Act has been quashed by the Meghalaya High Court after the accused and the survivor — who have two children together — appeared jointly before the court seeking closure of the proceedings by consent.

The petition in Crl.Petn. No. 39 of 2025 was filed by Anbesson Kharbani and the survivor, identified only as A, seeking quashing of a 2021 FIR registered at Mawshynrut Police Station for offences under Sections 5 and 6 of the POCSO Act.

The case had arisen after the District Child Protection Officer reported a teenage pregnancy. The survivor was 16 years old at the relevant time, while the accused was approximately 25 to 26 years old.

The investigation had established that the relationship was voluntary. A chargesheet was eventually filed, and the case had been pending before the Special POCSO Court, West Khasi Hills, Nongstoin, as Special POCSO Case No. 48 of 2023.

A report submitted by the Secretary of the High Court Legal Services Committee revealed that the two were living together happily as husband and wife, with children aged approximately five-and-a-half and two-and-a-half years.

The accused worked as a mason and was supporting the family financially. The elder child was enrolled in Class I at a government school.

However, the report also flagged a significant problem: the survivor possessed no birth certificate, EPIC card or Aadhaar Card, and her children — born at home — similarly lacked documentation.

The absence of these records had prevented her from formally registering the births. The couple, though wishing to marry in a church, had been unable to do so because of the missing documents, though both families had given their consent.

Chief Justice Revati Mohite Dere, citing the court's earlier ruling in the Shalenbor Wahlang case, allowed the petition and quashed both the FIR and the pending POCSO proceedings. The court also directed the concerned authorities to actively assist the survivor in obtaining her birth certificate, EPIC card, Aadhaar card, and those of her children.

The District Child Protection Officer (DCPO) and DLSA of West Khasi Hills were directed to ensure that all applicable government benefits reached the survivor and her children within eight weeks.

A compliance report is to be placed before the court after nine weeks.