IMPORTANT POINT
The inherent power of the High Court under Section 482 CrPC can be invoked to prevent abuse of the code or secure the ends of justice, especially in cases involving unique circumstances and interpretation of consent and participation in sexual acts.

JUDGMENT

1. Heard Ms. A. Syiem, learned counsel for the petitioners who has submitted that the petitioner No. 1 and the petitioner No. 2 herein are husband and wife, presently residing at Mawryngkang village, Pynursla. The two were in a love relationship since the year 2018 and in the year 2019 started living together as husband and wife with the knowledge and consent of the family members of petitioner No. 2. This cohabitation is according to the local custom and culture prevailing in this part of the country. It was also submitted that the petitioner No. 2 at the relevant point of time was about 16 years old.

2. Sometime in the month of October 2019, the petitioner No. 2 started complaining of weakness with bouts of vomiting following which she was taken to the Pynursla CHC for medical check-up and was thereafter referred to Ganesh Das Hospital. At the Ganesh Das Hospital, after conducting the required examination on 22.10.2019 it was confirmed that the petitioner No. 2 was pregnant for 16 weeks 4 days. As is duty bound, the Medical Officer of the said hospital informed the petitioner No. 1, the petitioner No. 3 and the uncle of the petitioner No. 2 that they need to report the matter to the police station as the petitioner No. 2 is still a minor.

3. After going to the Sadar Police Station the petitioner No. 3 who is the mother of the petitioner No. 2 was advised to lodge an FIR which she accordingly did so before the Pynursla Police Station on 29.11.2019 where upon Pynursla P.S Case No. 72(11) of 2019 under Section 5(j) (ii) of the Protection of Children from Sexual Offences (POCSO) Act, 2012 was registered.

4. Following due process of law, investigation was launched and on 06.06.2020 the petitioner No. 1 was arrested by the police and was incarcerated in custody for a period of 90 days. Thereafter, the I/O filed the chargesheet inter alia, finding that there is a prima facie case made out against the accused/petitioner No. 1 under Section 5(j) (ii) (l)/6 of the POCSO Act and a case was registered as Special (POCSO) Case No. 49 of 2020 which is now pending at the stage of evidence before the Court of the learned Special Judge (POCSO) Shillong. So far, only the evidence of the petitioner No. 2 was recorded.

5. Ms. Syiem has led this Court to the statement of the petitioner No. 2 made under Section 161 CrPC and has submitted that the petitioner No. 2 has confirmed that she was in a relationship with the petitioner No. 1 since 2018 and has had physical relationship with him on several occasions and that too, with her consent, coupled with the fact that they are now staying together as husband and wife.

6. The petitioner No. 2 had reiterated whatever she had stated before the police under Section 161 in her statement under Section 164 CrPC and even in her evidence as PW-1 before the Special Court she has not diverted her stand but has maintained that the petitioner No. 1 is now her husband and they are living together in a happy married life with a child born to them. It is also further submitted that in the meantime the petitioner No. 1 and 2 have solemnized their marriage on 30.05.2022 at the Calvary Church, Meghalaya on the petitioner No. 2 having attained the age of majority.

7. Ms. Syiem has also submitted that the petitioner No. 1 and 2 respectively are now living a happy married life and as such continuation of the proceedings before the Special Court (POCSO) would only cause great hardship and inconvenience to the parties involved including the family members, for which even the mother of the petitioner No. 2 who is the petitioner No. 3 herein have jointly filed this petition seeking the reliefs as prayed for.

8. The case of Skhemborlang Suting & Anr. v. State of Meghalaya & Anr. in Crl. Petn. No. 63 of 2021 was cited by the learned counsel to show that under similar facts and circumstances this Court has quashed the FIR and chargesheet under Section 5(j) (ii)/6 POSCO Act. It is prayed that this petition may be allowed and the