Consensual Relationship Leading To Child Birth: Meghalaya High Court Quashes POCSO Case

The Meghalaya High Court has quashed proceedings under the POCSO Act on the ground that the victim was in an intimate and consensual relationship with the accused and both have agreed to stay together as husband and wife.

While allowing the petition, Justice W. Diengdoh observed:

“this is one such case where a young couple about to cross their years of adolescence have got themselves involved in a romantic relationship and invariably, the relationship turned physical to the extent that through the process of sexual intercourse, pregnancy and eventual birth of a child has occurred.”

The petitioner No.3 (victim) was about 17 years old at that point of time of birth of the child, which fact was reported to the Officer-In-Charge, Mairang Police Station by the Medical and Health Officer of the hospital and subsequently an FIR was registered against the petitioner no. 1 under section 3(a)/4 of the POCSO Act.

In her statement recorded under section 164 Cr.PC and in her deposition before the trial court, the petitioner no. 3 admitted that she was in an intimate relationship with the petitioner No.1 (accused) as a result of which a child was born to them.

It was also highlighted that deed of compromise/settlement was executed on 30.01.2023 between the parties which states that there is every intention for them to cohabit together as husband and wife and that this relationship was not objected to or opposed by family members of both parties and as such, the parties have indicated that they no longer wish to proceed with the criminal proceedings.

While agreeing with the ratios laid down in Vijayalakshmi & Anr. v. State, Crl. O.P No. 232 of 2021 by the Madras High Court and in Ranjit Rajbanshi v. State of West Bengal and Ors: C.R.A. No 458 of 2018 by the High Court of Calcutta, Justice W. Diengdoh held:

“there is no aspect of sexual assault as regard the relationship between the petitioner No.1 and the petitioner No.3 and that at present the petitioner No.3 being an adult by age has indicated that she has agreed to stay together with the petitioner No.1 as his wife and for the welfare of the child and as such, it would be a futile exercise for the proceedings to continue under the circumstances.”

Accordingly, the court quashed the proceedings against the petitioner no. 1 before the POCSO Court.

Case Title: Shri Seiborlang Syiem & 2 Ors.v. State of Meghalaya & Anr.

Citation: 2023 LiveLaw (Meg) 4

Coram: Justice W. Diengdoh

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