Meghalaya High Court quashes POCSO case after finding victim's consent genuine, informed

The High Court of Meghalaya has quashed a criminal case registered under the Protection of Children from Sexual Offences (POCSO) Act after concluding that the victim's consent to quashing was fully informed and that the parties were now married and living together as a family with a young child.

The petition, filed by Pyndaplang Jalong, sought the quashing of an FIR registered at Mawlai Police Station in 2023 for alleged offences under Sections 5 and 6 of the POCSO Act. The ground raised was that the accused and the victim had since married and had a two-year-old son.

Before deciding the matter, Chief Justice Revati Mohite Dere directed the victim to appear before the Secretary of the High Court Legal Services Committee, who was asked to submit a report on whether her consent was voluntary and informed, and whether she or her child had received any government benefits available to POCSO victims.

The report, submitted in a sealed envelope and dated April 10, 2026, confirmed that the parties had solemnised their marriage in a church in 2025 with families from both sides in attendance. The victim was found to be a major living in a joint family, and her consent was determined to be genuine.

The court drew on its own earlier ruling in Shalenbor Wahlang and anr. v. State of Meghalaya and anr. (Crl.Petn. No. 92 of 2023), which had laid down that quashing of POCSO proceedings under Section 528 BNSS by consent is permissible in exceptional cases. The judgment had observed: "Rendering justice demands 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."

The court also directed authorities to extend all applicable government benefits to the victim and her son, including the  Nirbhaya Fund, Mission Vatsalya, Ayushman Bharat-PM-JAY, Mission 1000 Days and the Meghalaya Victim Compensation Scheme 2022, among others. The District Child Protection Officer and Secretary of the District Legal Services Authority, East Khasi Hills, were directed to ensure compliance within eight weeks.

The case is listed for recording of compliance on June 19, 2026.