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Serial No.19 Daily List HIGH COURT OF MEGHALAYA AT SHILLONG Crl.Petn. No. 149 of 2026 Date of order: 28.10.2026 Uploaded on: 03.11.2026

1. Kiewphrang Sangriang, aged about 24 years, S/o Shri.

Kording Lyngkhoi. R/o Nongshilliang Village, P.S. Nongstoin, Rambrai Syiemship, West Khasi Hills, Meghalaya.

2. Smti. A. (Prosecutrix), aged about 19 years, through the I.O. Nongstoin P.S. Case No. 89 (12) 2021.

....Petitioners - versus -

1. The State of Meghalaya, represented by the Secretary, Government of Meghalaya, Home (Police) Department, East Khasi Hills District, Meghalaya.

2. The Superintendent of Police, West Khasi Hills District, Meghalaya.

3. The Officer in charge, Nongstoin Police Station, West Khasi Hills District, Meghalaya.

4. Investigating Officer, Nongstoin P.S. Case No. 89(12) 2021 U/s 5(j)(ii)(l)/6 of the POCSO Act, Nongstoin, West Khasi Hills District, Meghalaya.

5. Smti. B. (Complainanat) through the Investigating Officer, Nongstoin P.S. Case No. 89(12) 2021 U/s 5(j)(ii)(l)/6 of the POCSO Act, Nongstoin, West Khasi Hills District, Meghalaya.

....Respondents Coram:

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

For the Petitioner : Ms. D.D. Fancon, Legal Aid Counsel For the Respondents : Mr. A.O.I. Bang, GA Ms. A. Thungwa, GA Mr. D. Susngi, Adv. [R5]

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

ii) Whether approved for publication Yes/No in press:

JUDGMENT: (Oral)

Heard learned counsel for 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 Nongstoin Police Station, being FIR No. 89 (12) of 2021 and consequently, the proceeding pending before the learned Special Judge (POCSO), West Khasi Hills District, Nongstoin, being Special POCSO Case No. 24 of 2025.

4. Quashing is sought on the premise that the petitioner No. 1 is aged 24 years and the petitioner No. 2 is aged 19 years, and are living together as husband and wife with the consent of the respective families alongwith their two children, aged 4 years and 1 year respectively. The respondent No. 5 is the original complainant and mother of the petitioner No. 2.

5. Pursuant to the order dated 29.09.2026, the petitioners and the respondent No. 5 were directed to appear before the Secretary, High Court Legal Services Committee on 09.10.2026 to enable the Secretary to submit her report as to whether the consent given by the petitioner No. 2 was an informed consent and whether the petitioner No. 2 had received any benefits under any of the Schemes of the State or Central Government, for herself or for her children, and the Secretary was to also record whether the respondent No. 5 had any objection to the quashing of the proceeding.

6. Pursuant to the said order dated 29.09.2026, the Secretary, High Court Legal Services Committee has submitted her report in a sealed envelope. The said envelope was opened and the report dated 09.10.2026 of the Secretary is taken on record. From the said report, it appears that the petitioner No. 2 was in a romantic relationship with the petitioner No. 1 and that the relationship between them was consensual. It appears from the said relationship that the petitioner No. 2 became pregnant and gave birth to a child in 2022 when she was 16 years of age, and gave birth to the second child when she was 17 years of age. From the report, it appears that the petitioner No. 2 has studied up to Class 9th and that presently, she does not wish to continue with her studies. It further appears from the report that the petitioner No. 1 is providing the petitioner No. 2 and the two children, and that they are living together as husband and wife. The report further reveals that the petitioner No. 2 and her two children have not received any benefits from any of the St