JUDGMENT

1. On 30.05.2019 the respondent No. 2 herein had lodged an FIR with the In-charge Nongmensong, Police Out Post, Shillong complaining that her daughter aged about 16 years had gone to her computer class on the previous day, but did not returned home till evening.

2. The complainant/respondent No. 2 later came to know that her daughter went out with the petitioner No. 1 herein. The said FIR was forwarded to Rynjah Police Station resulting in registration of Rynjah P.S. Case No. 66(6)19 under section 366 A IPC.

3. From the materials on record, it appears that investigation was launched and the statement of the complainant and other witnesses was recorded under section 161 and 164 CrPC respectively. The Investigating Officer (I/O) on completion of the investigation had filed the charge sheet against the petitioner No. 1 and the matter was taken cognizance of by the court of the learned Special Judge, (POSCO) Shillong and registered as Special POCSO Case No. 36 of 2020 under section 5(1)/6 of the POCSO Act and is pending adjudication till date.

4. The petitioner then approached this Court with this application under section 482 CrPC seeking to set aside and quash the said FIR dated