The has officially a long-standing Protection of Children from Sexual Offences (POCSO) case, ruling in favor of a couple who have been living together as husband and wife since . In a significant judgment delivered by Chief Justice Revati Mohite Dere, the court determined that continuing the would serve no purpose other than to cause profound injustice to the survivors and their young daughter, choosing instead to prioritize the stability and welfare of the family unit.
The legal battle originated from a FIR filed at the , which eventually evolved into a Special POCSO case. At the time of the initial incident, the petitioner was 18 years old, while the survivor was just three days short of her eighteenth birthday. Over the last nine years, the couple has built a life together, welcoming a daughter and sustaining their family despite the looming threat of the . Following an extensive investigation into the nature of their relationship—which involved testimonies from the parties and reports from the —the court concluded that the relationship was born of free will and mutual affection.
A primary driver for the court’s decision was the "
" of adolescent relationships in the state. Chief Justice Revati Mohite Dere emphasized that the judiciary must be sensitive to societal structures, stating,
"The administration or enforcement of the law cannot be divorced from lived realities. Rendering justice demands not only that the law be applied with precision, but also that it be tempered with fairness, compassion and empathy when the situation/facts of a case, warrant it."
By recognizing the consensual nature of their union, the court sought to balance the rigors of the special statute with the practical need for
.
Beyond the immediate quashing of the , the court issued a comprehensive set of directives to ensure the survivor and her child are integrated into various state and central government support systems. Recognizing that the family had not previously accessed public assistance, the bench ordered the and the Secretary of the to facilitate the family's enrollment in critical welfare schemes. These include the ’s support services for POCSO victims, the for child protection, and various health and education initiatives like the and the .
The court specifically highlighted the unique
of the Khasi, Garo, and Jaintia tribes, where lineage and inheritance often transition through the mother, fostering a community where women frequently maintain significant independence in selecting their partners and managing economic life. The judgment noted that in such a context, treating a consensual, long-term familial union as a simple criminal offence fails to account for the actual impact on the child’s upbringing and the survivor's long-term social security. The court noted:
"Thus, in cases where the court comes to the conclusion, that the consent given by the victim is a
and that it would be greater injustice to send the boy to jail, instead of letting the parties live together as one family, the Court may consider quashing the case, pending trial."
The procedural timeline of this resolution was marked by the court's insistence on independent verification. The , upon interviewing the parties, confirmed that the survivor, who currently earns approximately ₹10,000 per month as a cleaner, wished to transition toward self-employment by opening a shop. The court’s order directs the designated authorities to provide a "support person" to assist the family in navigating the bureaucracy of the various welfare schemes mentioned in the judgment, including the . This support is intended to provide the family with the financial foundation necessary to move beyond the shadow of the legal proceedings.
The decision also served as a broader judicial advisory to the state government. Acknowledging the high volume of similar cases—often categorized as "Romeo-Juliet" cases in —the court stressed the importance of systemic intervention through education. The bench observed that the responsibility lies with the state to create awareness among youth regarding the provisions, nuances, and consequences associated with the , extending these efforts to schools, colleges, and remote interior areas.
This ruling concludes the immediate criminal litigation, but the matter remains under the court’s active supervision to ensure the promised support is actually delivered. The Registry has been instructed to forward the judgment to the Commissioner and Secretary of the and other relevant offices. A compliance report detailing the progress of the welfare benefits extended to the survivor and her child is mandated to be placed before the court on . This follow-up mechanism underscores the court's commitment to ensuring that the quashing of the FIR functions not just as a , but as an active step toward the of the family involved.
consensual relationship - social welfare integration