The court affirmed that while protecting minors, the law must also consider the reality of consensual relationships among adolescents, particularly in cases leading to legal actions under the POCSO Act.

JUDGMENT AND ORDER (ORAL)

1. Heard Mr. S.M. Suna, learned counsel appearing on behalf of the petitioner who has submitted that the petitioner has filed an additional affidavit dated 01.05.2023 bringing on record the compromise agreement, wherein the respondent No. 2 herein who is the mother of the survivor who has filed the related FIR on being reconciled to the fact that her minor daughter is now living together with the petitioner as husband and wife, though not formally married, out of which relationship, a child was born to them, the family being aware of the situation and the circumstances involved have decided to compromise the matter and to accept the petitioner as part of the family. In view of the said compromise agreement, the respondent No. 2/complainant does not wish that the criminal proceedings against the petitioner be continued and that the same may be brought to a formal closure to enable the concerned parties to start a new life as a family.

2. Referring to the averments made in the petition, it is the submission of the learned counsel that on 28.01.2021, the respondent No. 2 has filed a missing report before the Officer-in-Charge, Jhalupara Police Outpost, Shillong, stating, inter alia, that on 26.01.2021 at about 9:00 PM or so, her minor daughter had gone missing probably under the influence of the petitioner herein. The police on being made aware of the said report, has accordingly registered the case as Lumdiengjri P.S. Case No. 10 (01) of 2021 and investigation was launched.

3. The learned counsel further submits that on 02.02.2021, the police were able to discover the whereabouts of the alleged missing minor girl who was found in the company of the petitioner herein from Sohma village (Nongpdeng) Kynrud, West Khasi Hills District, Meghalaya. Upon such recovery, the petitioner was arrested and was taken into custody. He was however later enlarged on bail in due course.

4. It is also submitted that on completion of the investigation, the Investigating Officer (I/O) had filed his Final Report, finding a prima facie offence being made out against the accused/petitioner under Section 363 IPC read with Section 5 (j) (iii)/6 of POCSO Act. The petitioner was directed to appear before the Court of the learned Special Judge (POCSO), East Khasi Hills, Shillong to answer to the charges made therein.

5. It is, at this juncture, that the petitioner has approached this Court with a petition under Section 482 Cr.P.C for exercise of its inherent power to quash the said FIR and the consequent proceedings which has now been registered as Spl. (POCSO) Case No. 104 of 2021 under Section 363 IPC read with Section 5 (j) (iii)/6 of POCSO Act pending before the Court of the learned Special Judge (POCSO), East Khasi Hills, Shillong.

6. The contention of the petitioner is that his relationship with the alleged victim is consensual, inasmuch as, they are in a love relationship which had culminated in a sexual relationship, leading to the said victim girl to be pregnant and the delivery of a child out of the said union on 27.09.2021. It is also the submission of the learned counsel that the petitioner and the alleged victim girl are now living together as husband and wife with the consent and blessings of the family members from both sides.

7. Again, referring to the compromise agreement arrived at between the petitioner and the respondent No. 2 who is the mother of the said alleged victim girl, inasmuch as, now that the matter has been amicably settled between the parties, therefore, pursuing the said criminal case before the Court of the learned Special Judge (POCSO) would be