The court recognized that consensual adolescent relationships should be viewed empathetically, and impulsive applications of the POCSO Act may lead to unjust outcomes.

ORDER

1. Heard Mr. S. Kumar learned counsel for the petitioners who has submitted that admittedly the petitioner No.1 and petitioner No.3 were involved in a love relationship and in the process thereof, the couple got involved in a consensual sexual relationship resulting in the petitioner No.3 the alleged victim girl becoming pregnant.

2. As a matter of course, the petitioner No.3 visited the Tirot Sing Memorial Hospital, Mairang in the then West Khasi Hills District and after being examined by the Medical and Health Officer present in the hospital, she subsequently gave birth to a child on 06.11.2019. The petitioner No.3 was about 17 years old at that point of time which fact was reported to the Officer-In-Charge Mairang Police Station by the Medical and Health Officer of the said hospital. On receipt of the said information, a police SubInspector lodged a formal FIR before the Officer-In-Charge Mairang Police Station implicating the petitioner No.1 as the one who has impregnated the petitioner No.3 who was a minor at that point of time.

3. As a matter of course, a criminal case was registered being Mairang PS Case No. 50(11)2019 under Section 3 (a)/4 of the POCSO Act. In course of investigation, the Investigating Officer (I/O) submitted the charge sheet against the petitioner No.1 and the matter proceeded for trial before the court of the learned Special Judge, West Khasi Hills. As of date, about 6 prosecution witnesses have been examined including the petitioner No.3/alleged victim girl, her parents and siblings as well as the mother of the petitioner No.1/accused.

4. The learned counsel has further submitted that records would show that the statement of petitioner No.3 recorded under Section 164 Cr.PC as well as her deposition as PW 2 before the Trial Court would show that the petitioner No.3 has admitted to being in an intimate relationship with the petitioner No.1 as a result of which a child was born to them. She has also further deposed that the welfare of the child is taken care of by petitioner No.1 and due to the pendency of the case, they could not stay together as husband and wife though there is every intention that they will get married and stay together soon after the disposal of the case.

5. Again, it is further submitted that from the deposition of the other witnesses who are near relatives of the petitioner No.3, it is seen that they have no objection to the relationship between the petitioner No.1 and petitioner No.3 and these witnesses also confirmed that the petitioner No.1 used to regularly visit the house of the petitioner No.3 and had financially provided for the welfare of the child.

6. The learned counsel has submitted that in the backdrop of these facts and circumstances, the petitioner No.1 along with the petitioner No.3 as also petitioner No.2 who is the father of Petitioner No.3 have now approached this Court with this instant petition under Section 482 Cr.PC seeking indulgence of this Court for exercise of its inherent powers to put an end to the proceedings against the petitioner No.1 and to allow the petitioner No.1 and petitioner No. 3 to be united as husband and wife and together to raise up their baby girl as in any normal family relationship.

7. To further support his argument the learned counsel has also submitted that a deed of compromise/settlement was executed on 30.01.2023 between the petitioner No. 2 as the first party a