Meghalaya High Court Quashes POCSO Case Against Man Living With Survivor As Husband Since 2017
- Case
- Not provided in source
- Bench
- Justice W. Diengdoh
- Citation
- Not provided in source
- Statutes
- Source
- LiveLaw
The Meghalaya High Court, in a case where the parties had been living as husband and wife since 2017, quashed proceedings under the POCSO Act. The Court noted that the survivor, though a minor at the time of the alleged offence, was now an adult and had willingly cohabited with the accused.
Ratio Decidendi · Legal Principle Established
When a survivor, who was a minor at the time of the alleged offence under the POCSO Act, subsequently attains majority and willingly cohabits with the accused as husband and wife, and expresses no desire to prosecute, the criminal proceedings can be quashed to prevent abuse of process of law.
Practice & Procedural Impact for Advocates
Advocates should consider filing quashing petitions under Section 482 CrPC/BNSS for POCSO cases where the survivor has attained majority and willingly cohabited with the accused. Litigants in such situations may find relief if the survivor no longer wishes to pursue the case and confirms a consensual relationship.
Key Legal Takeaways
- 1The Meghalaya High Court quashed a POCSO case where the survivor and accused had been living as husband and wife since 2017.
- 2The Court considered the survivor's attainment of majority and her willingness to continue the relationship.
- 3The decision emphasizes preventing abuse of process when the survivor does not wish to prosecute.
The Legal Issue
The Meghalaya High Court was seized of a petition seeking to quash criminal proceedings initiated under the Protection of Children from Sexual Offences (POCSO) Act, 2012. The core issue revolved around an accused who had been living with the survivor as husband and wife since 2017, despite the survivor being a minor at the time of the alleged offence. The question before the Court was whether, given the survivor's attainment of majority and her expressed willingness to continue the relationship, the criminal proceedings should be allowed to continue.
Court's Reasoning
Justice W. Diengdoh of the Meghalaya High Court observed that the parties had been cohabiting as husband and wife since 2017. The Court noted that the survivor, who was a minor at the time the alleged offence occurred, had since attained the age of majority. Crucially, the survivor had expressed no desire to prosecute the accused and wished to continue living with him. The Court, exercising its inherent powers under Section 482 of the Code of Criminal Procedure, 1973 (or Section 531(2)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023, counsel should confirm which applies), found that allowing the criminal proceedings to continue would amount to an abuse of the process of law. The Court's decision was predicated on the specific facts where the relationship had matured into a consensual cohabitation over several years, with the survivor, now an adult, affirming her choice.
What Follows
The Meghalaya High Court quashed the criminal proceedings initiated under the POCSO Act against the accused. This means the accused will not face further prosecution in this particular case. The order effectively brings an end to the legal action, allowing the parties to continue their lives together without the burden of the ongoing criminal case.