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2022 Supreme(Megh) 93

W. DIENGDOH
Olius Mawiong – Appellant
Versus
State of Meghalaya – Respondent


Advocates appeared:
Ms. R. Kharshiing, Ms. C.B. Sawian, Advocates, for the Appellants; Mr. S. S. Sengupta, Addl. PP, Mr. H. Khamih, Addl. PP, for the Respondent No. 1; Mr. A.M. Sangma, Advocate, for the Respondent No. 2

JUDGMENT

1. This is an application under Section 482 Cr.P.C preferred with a prayer before this Court to invoke its inherent power to set aside and quash the FIR dated 14.05.2021 filed before the Officer-in-Charge, Pynursla Police Station, East Khasi Hills District and duly registered as Pynursla P.S. Case No 30(5) of 2021 under Section 5 (j) (ii) (q)/6 of the POCSO Act, 2012 and which case after filing of the charge sheet by the Investigating Officer, was taken up by the learned Special Judge, (POCSO), Shillong in Special POCSO Case No. 63 of 2021.

2. In the said FIR lodged by the respondent No. 2 herein, the complaint stated that her daughter who is about 17 years and 7 months had an affair with the petitioner herein since the year 2020 and with the consent of the family, they got married and stayed together as husband and wife. However, on 13.05.2021, the police of Pynursla Police Station came to her house and advised her to lodge an FIR against the petitioner herein on the basis of the information received from the Pynursla CHC that her minor daughter was tested to be pregnant from an underage marriage which is against the law and being so compelled, the respondent No. 2 lodged t

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