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Serial No. 21 Daily List HIGH COURT OF MEGHALAYA AT SHILLONG Crl.Petn. No. 153 of 2026 with Crl.M.C. No. 241 of 2026 Date of Decision: 28.10.2026 Uploaded on : 03.11.2026

1. Dakhutmeki Shylla, aged 25 years, S/o Smti. Ribiang Shylla, R/o Pamra Paitthlu Village, P.S. Khliehriat, East Jaintia Hills District, Meghalaya.

2. Miss XXX (Victim), aged 22 years ....Petitioners - versus -

1. The State of Meghalaya represented by the Station House Officer, East Jaintia Hills District, P.S. Khliehriat, Government of Meghalaya, Shillong.

2. Smti. YYY (Complainant) (36 years) R/o Wapungskur Village, East Jaintia Hills District, Meghalaya.

.....Respondents Coram:

Hon’ble Mrs. Justice Revati Mohite Dere, Chief Justice Appearance:

For the Petitioners : Ms. S. Nongsiej, Adv.

For the Respondents : Mr. A.S. Dey, Sr GA with Mrs. I. Lyngwa, Addl PP Ms. P. Susngi, Adv. [R2]

i) Whether approved for No reporting in Law journals etc.:

ii) Whether approved for publication Yes in press:

JUDGMENT: (Oral)

Heard learned counsel for the parties.

2. Rule. Rule is made returnable forthwith with the consent of the parties and the aforesaid petition is taken up for final disposal.

3. By this petition, the petitioners, i.e., the petitioner No. 1 (accused) and the petitioner No. 2 (survivor) seek quashing of the FIR registered with the Khliehriat Women Police Station, East Jaintia Hills District, being FIR Case No. 14(5) 2020 and consequently, the proceeding pending before the learned Special Judge POCSO, Khliehriat, being Special POCSO Case No. 8 of

2021.

4. Quashing is sought on the premise that the relationship between the petitioners was consensual and that today, the petitioner No. 1 is aged 25 years old and the petitioner No. 2 aged 22 years old; and that out of the said relationship, the petitioners have a child who is currently, 6 years old. Learned counsel for the petitioners submits that the petitioners are in a live-in relationship with the consent of their family members.

5. Vide order dated 07.10.2026, the parties were directed to appear before the Secretary, High Court Legal Services Committee to enable the Secretary to submit a report as to whether the consent given by the petitioner No. 2 was an informed consent; whether the petitioner No. 2 has received any benefits for herself and her child from any of the State or Central Government Schemes. The Officer of the concerned Police Station was also directed to submit a report as to whether the contents stated in the petition are true and correct, i.e., the petitioners are in a live-in relationship and have a child aged 6 years old from the said relationship. Pursuant thereto, both, the Secretary, High Court Legal Services Committee as well as the WPSI R. Biam, Khliehriat Women PS, East Jaintia Hills, have submitted their reports.

6. The report tendered by the Secretary, High Court Legal Services Committee in a sealed envelope is opened and the report dated 12.10.2026 is perused. From the said report of the Secretary, it appears that the petitioner No. 2 entered into a relationship with the petitioner No. 1 when she was studying in Class 10th. She has stated that the relationship was voluntarily and consensual, pursuant to which she became pregnant and gave birth to a son in 2020. The report reveals that the petitioner Nos. 1 and 2 are living together as husband and wife and that the petitioner No. 1 is taking care of the needs of the petitioner No. 2 and her son. The report further reveals that the petitioner No. 2 had enrolled herself for Bachelor of Arts studies in Philosophy, however, due to financial constraints, she could not continue her education. The petitioner No. 2 has expressed her desire in continuing with her education. She has further stated that she has not received any benefits under the Victim Compensation Scheme. The report reveals that the petitioner No. 2 has received ₹6000/- under some Government Scheme till she attained the age of 18 years, however, she has not re