Guwahati, July 30 (IANS) The Meghalaya High Court has quashed criminal proceedings under the Protection of Children from Sexual Offences (POCSO) Act against a 27-year-old man after taking into account that he had married the survivor, the couple had been living together for several years and were raising their four-year-old daughter, officials said on Thursday.
A division bench passed the order while allowing a joint petition filed by the accused and the survivor seeking the quashing of an FIR registered at the Ri-Bhoi Women Police Station in 2021 and the consequent proceedings pending before the Special Judge (POCSO), Ri-Bhoi.
According to the petition, the FIR was lodged when the girl was a minor and pregnant. After attaining the age of majority, she chose to reside with the accused, and the couple solemnised their marriage before the Marriage Registrar at Nongpoh in March this year.
The court also considered a report submitted by the Secretary of the High Court Legal Services Committee, which confirmed that the couple were living together with their daughter.
The report further stated that the woman had discontinued a diploma course in Laboratory Technology because of the pending criminal case.
She expressed her desire to resume her studies or pursue a law degree and also showed interest in vocational training in tailoring.
The report recorded that she had voluntarily stated she had no objection to the criminal proceedings against her husband being quashed.
While setting aside the case, the High Court relied on its earlier judgment in Shalenbor Wahtang vs State of Meghalaya, which recognised that consensual adolescent relationships are not uncommon in the state and that courts must consider exceptional circumstances while deciding such matters.
The bench observed that although offences under the POCSO Act are treated as crimes against society, judicial decisions cannot be completely detached from social realities.
It noted that where a couple are legally married or living together with children, sending the husband to prison could adversely affect not only the survivor but also the welfare of the child.
Holding that every case must be assessed on its individual facts, the court ruled that continuing the trial would serve no useful purpose and quashed both the FIR and the pending proceedings.
The High Court also directed the authorities to ensure that the woman and her daughter receive benefits under applicable Central and state welfare schemes. It further instructed the District Legal Services Authority and the District Child Protection Officer in Ri-Bhoi to facilitate her higher education or vocational training within eight weeks.
–IANS
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