Meghalaya HC quashes POCSO case after couple registers marriage under Special Marriage Act

The Meghalaya High Court has quashed an FIR and the accompanying POCSO proceeding against a man from Shillong after he and the woman at the centre of the case, now his legally wedded wife, told the court they were living together with the consent of both families.

Chief Justice Revati Mohite Dere, disposing of the plea (Crl. Petn. No. 35 of 2026) on July 6, allowed the quashing of the FIR registered at Rynjah Police Station in 2023 and the related Special (POCSO) case pending before the Special Judge, East Khasi Hills District.

The petitioner, Trosbingroy Sad, alias Rudolph Syiem, had approached the court along with the complainant and the victim, seeking closure of the case on the ground that he and the victim were already living as husband and wife. An additional affidavit filed on June 30 this year stated that, having both attained the age of majority, the couple had registered their marriage under the Special Marriage Act on June 29, 2026, with effect from March 4, 2026.

The victim's uncle, who had originally lodged the FIR, appeared in person before the court and reiterated that he had no objection to the case being closed now that the two were married.

Before deciding the plea, the court had directed the couple to appear before the Secretary of the High Court Legal Services Committee, whose report placed the petitioner's age at around 25 and the victim's at 19. The report noted that the pair were living together at Umpling, Shillong, along with the victim's younger brother, and that both families had consented to the relationship and the eventual marriage. It also emerged that the couple had had a child, who died soon after birth.

The victim told the committee she was living happily with her husband "on her own volition" and had no objection to the case being dropped. She said she had not received any government benefits so far and does not hold an Aadhaar card, adding that she hoped to pursue a tailoring course after finishing Class X.

The court relied on its earlier ruling in Shalenbor Wahlang v. State of Meghalaya, which had noted the high incidence of adolescent relationships in the state culminating in early marriage or cohabitation, and had laid down that consent-based quashing of POCSO cases is permissible where the court is satisfied that the victim's consent is informed, and the parties are married or living as husband and wife.

While allowing the plea, the court directed the Child Protection Officer and the District Legal Services Authority of East Khasi Hills to verify whether the victim has received benefits under fifteen listed central and state welfare schemes, including the POCSO victim compensation fund, Mission Vatsalya, Ayushman Bharat and the Meghalaya Victim Compensation Scheme, and to assist her in accessing them. The matter has been listed for compliance reporting on 7 September 2026.