POCSO case quashed as survivor marries accused, has child

Shillong, July 20: The Meghalaya High Court has quashed a POCSO case after it was brought to the court’s notice that the survivor and the accused are now a married couple having a 3-year-old child.

Chief Justice Revati Mohite Dere set aside the FIR registered at Williamnagar Women police station in East Garo Hills district.

The petitioner Sitting G Momin was 25 and the survivor was below 18 years when the FIR was filed in 2023.

Both petitioners later sought quashing on the ground that they are in a relationship, married on 30 June 2026, and have a son.

Following court directions, the High Court Legal Services Committee submitted a report stating the couple, now aged 28 and 19, reside in Saminindikim village, East Garo Hills.

The report said the woman is living with the petitioner “out of love and affection” and has no objection to quashing.

Police also confirmed the family supports the relationship.

Citing its April 2026 ruling in Shalenbor Wathiang case, the HC said Meghalaya sees “high incidents of adolescent consensual relationships” leading to marriage.

It noted that sending the man to jail “would cause great injustice to the victim and the child” and that law must be applied with “fairness, compassion and empathy”.

The Court directed the DCPO, East Garo Hills and DLSA Secretary to ensure the woman and child get benefits under schemes including Nirbhaya Fund, Mission Vatsalya, Ayushman Bharat, and Meghalaya Victim Compensation Scheme.

It said any compensation awarded must be kept in a Fixed Deposit till the woman turns 25, with quarterly interest payable to her.

A support person will also be appointed to help with documents and vocational training.

The Registry has been asked to forward the order to the State Legal Services Authority and Social Welfare Department.

Compliance report is due on September 14, 2026.

The HC, however, cautioned that such quashing in POCSO cases must be done with “due care and caution” only after verifying informed consent.

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