IMPORTANT POINT
Consensual nature of the relationship, maturity of the parties, and the potential impact of the POCSO Act on adolescents involved in relationships.

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 30.05.2019 and the subsequent criminal proceedings before the court of the Special Judge, (POCSO) Shillong.

5. Heard Ms. R. Kharshiing, learned counsel for the petitioner. Also heard Mr. A. M. Sangma, learned counsel for the respondent No. 2. Mr. S. Sengupta, learned Addl. P.P., appears for the State respondent No. 1.

6. The learned counsel for the petitioner has submitted that this is a case where there is a love affair between them for which when their affair was discovered by the sister of the petitioner No. 1, who scolded him, they then decided to elope and accordingly left Shillong for Assam on 29.05.2019. However, on 17.06.2019 when the petitioner No. 1 went for a job interview at Chevrolet company, on the way from the hotel they were caught by the police who brought them back to Shillong.

7. It is also further submitted the petitioners are in a fast relationship even to the extent of having physical relations and are practically living as husband and wife since the year 2020 when a male issue was born to them on 22.11.2020. On attaining the age of majority, the petitioners have also got their marriage registered before the Marriage Officer, East Khasi Hills District, Shillong on 08.06.2022.

8. This relationship between the petitioners herein now has the consent of the family members of both parties and under the circumstances, the case against the petitioner No. 1 pending before the court of the learned Special Judge (POCSO), Shillong has resulted in causing grave hardship and inconvenience to the petitioner which would have an impact on their family life including the life of their minor child, submits the learned counsel.

9. Though it is admitted that the proceeding and charges are under the POCSO Act, however, it is submitted that taking into consideration the welfare and future of the parties involved, this Court may take a lenient view in such cases as has been done by many high courts in similar cases. The case of Vijayalakshmi & Anr. v. State Rep. By. Inspector of Police, All Women Police Station, Erode: Crl. O.P No. 232 of 2021, para 11 & 18 and the case of Ranjit Rajbanshi v. State of West Bengal and Ors: C.R.A. No 458 of 2018, High Court of Calcutta, at para 47, 48 & 49 have been cited by the petitioners in this regard to make out a case for a favourable consideration on their behalf.

10. The learned counsel for the respondent No. 2 has submitted that the fact that the petitioners herein are now living together as husband and wife and having a minor child, the family members of both sides have no objection to this union and as such continuation of the criminal proceedings against the petitioner No. 1 would only cause undue hardship and this Court may be pleased to pass necessary orders in this regard.

11. Learned Addl. P.P., Mr. S. Sengupt