CHANDAN THAKUR AND ANR. vs STATE OF MEGHALAYA

2026:MLHC:1232
Serial No. 04
Daily List
HIGH COURT OF MEGHALAYA
AT SHILLONG

Crl.Petn. No. 36 of 2026
Date of Decision: 28.10.2026
Uploaded on: 03.11.2026

1. Chandan Thakur, S/o Shri. Sanjay Kumar Thakur, R/o
Pythorbah Block-1, Near St. Nanak School, District East
Khasi Hills, Shillong, Meghalaya.

2. Miss X/Complainant/Survivor, R/o Pynthorbah Block-1,
Near St. Nanak School, District East Khasi Hills, Shillong,
Meghalaya.
....Petitioners
- versus -
State of Meghalaya represented by the Secretary, Government of
Meghalaya.
......Respondent
Coram:
Hon’ble Mrs. Justice Revati Mohite Dere, Chief Justice

Appearance:
For the Petitioners : Ms. P. Chettri, Adv.
For the Respondent : Ms. O.A.I. Bang, GA

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 petitioners and learned Addl
Public Prosecutor for the respondent – State of Meghalaya.

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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 (original complainant and
survivor seek quashing of the FIR registered with the Sadar
Police Station, being Sadar P.S. Case No. 20(01) of 2024 and
consequently, the proceeding pending before the learned Special
Judge (POCSO), Shillong, being Special (POCSO) No. 33 of 2024.

4. Quashing is sought on the premise that the parties, i.e.,
the petitioners are married and living together as husband and
wife, and that from the said relationship, they have two children,
aged 4 years and 3 years respectively.

5. Vide order dated 05.10.2026, the petitioners were directed
to appear before the Secretary, High Court Legal Services
Committee, to record the statement of the petitioner No. 2 as to
whether the consent given by the petitioner No. 2 was an
informed consent; whether the petitioner No. 2 has received any
benefits under any of the Schemes of the State or Central

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Government for herself or her two children. Pursuant thereto,
the Secretary, High Court Legal Services Committee has
submitted her report in a sealed envelope. The said envelope is
opened and the report dated 09.10.2026 is perused. From the
said report, it appears that the petitioner No. 2 had entered into
a romantic relationship with the petitioner No. 1 in 2021 and
that from the said relationship, she became pregnant in 2022.
From the said relationship, the petitioners have two children,
aged 4 years and 3 years respectively. From the report, it further
appears that the petitioner No. 1 and the petitioner No. 2 are
married and are living together as husband and wife. It further
appears that the petitioner No. 2 has studied up to Class 8th
and that the petitioner No. 1 is working for the maintenance of
the family, i.e., the petitioner No. 2 and the two children. The
report further reveals that the petitioner No. 2 has expressed her
desire to undergo vocational training as a Beautician since she
does not desire to resume her studies.

6. The report further reveals that neither the petitioner No.
2 nor her two children have received any benefits from any of
the State or Central Government Schemes and that ₹ 4 lakhs has

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been recommended under the Victim Compensation Scheme,
out of which ₹ 2 lakhs has been kept in a Fixed Deposit in the
name of the petitioner No. 2 till she attains the age of 25 years.

7. According to the learned counsel for the petitioners, the
petitioners are presently in the process of giving their eldest
daughter in legal adoption to a close relative and that the
adoption process is underway at Williamnagar. Pursuant to one
of the earlier orders passed by this Court, the Secretary, DLSA
and the DCPO, East Khasi Hills District, Shillong have also
submitted their reports with respect to the Schemes made
available to the petitioner No. 2 and her two children. From the
said reports, it appears that final compensation of ₹ 4 lakhs has
been recommended by the Victim Compensation Committee on
27.04.2026, however, due to the pending trial case, only interim
compensation of ₹ 2 lakhs has been disbursed to the petitioner
No. 2 (survivor) on 14.09.2026, and the said amount has been
kept in a Fixed Deposit in the petitioner No.2’s name.

8. It further appears from the report that the District Social
Welfare Officer, Shillong will be taking necessary steps in

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enrolling the petitioner No. 2 for a vocational programme. It
further appears that the Secretary, DLSA in coordination with
the DCPO, Shillong has assisted the petitioner No. 2 in applying
for the ST certificate and that the said application is under
process. It further appears that the ST certificate for her son will
be applied for only after the petitioner No. 2 receives her own, as
well as an NOC from the clan. It also appears that the Aadhar
Card of the petitioner No. 2 is under process. The report further
reveals that the petitioner No. 2 had availed of the benefits of
some of the Schemes and that she is not entitled to some of
them.

9. This Court in its judgment in the case of Shri Shalenbor
Wahlang and anr. v. State of Meghalaya & anr. passed in
th
Crl.Petn. No. 92 of 2023 dated 10 April, 2026 in paragraphs
31, 33, 34 and 35 has observed as hereunder:
“ 31. The ground realities in the State of Meghalaya cannot
be ignored and lost sight of. It shows high incidents of
adolescent consensual relationships culminating in
elopement and early marriage or living together, as husband
and wife, which is recognised by the society. Infact, cases
of adolescent relationships where the parties i.e., the victim
and the boy have got married or are living together as
husband and wife and have a child from the said
relationship are far too many, resulting in parties filing

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petitions under Section 528 BNSS (earlier, Section 482
Cr.P.C.) seeking quashing of the proceeding by consent of
the parties.

32. .....

33. What also cannot be lost sight of is, that in Meghalaya,
matrilineal system is a rare, ancient societal structure
among the Khasi, Garo and Jaintia tribes, where lineage
and inheritance pass through the mother. Children take their
mother’s surname, the youngest daughter inherits the
property (is the custodian of ancestral property) and the
husband often moves into the wife’s house. The system is
believed to have originated from an agrarian society and the
need to protect the family structure, ensuring women’s
economic security, social stability and the preservation of
tribal identity. Infact, in the Khasi community, women have
more independence than women in many patriarchal
communities, including the freedom to select their partners,
remarry without shame and take an active role in public
places like market place and businesses. It is in this
background that this Court would have to consider a case
seeking quashing of a POCSO case by consent, keeping in
mind all factors, including the girl’s (victim’s) and her child’s
social security, by ensuring that she and the child get the
benefit of the government schemes, including under the
POCSO Act.

34. Thus, from the aforesaid discussion, quashing of a
POCSO case under Section 528 BNSS by consent, is
permissible even if it is a special statute and there is no
specific exclusion of any present law/custom. However, the
said discretion has to be used with due care and caution
and circumspection in exceptional cases, to do justice. As
noted earlier, there cannot be any straitjacket formula as to
in which cases the said discretion can or cannot be
exercised, inasmuch as, that would depend on the facts and
circumstances of each case i.e., the age of the parties coming
before the court; whether the consent given by the victim is
an informed consent and not under coercion of the family

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members or the boy; that the victim and the accused are
married and have a child or are living together as husband
and wife, as per the customs in the State of Meghalaya, etc.
Where parties are living together as husband and wife or are
married, a police report, or a report from any authority, be
called for, verifying the said claim. Also, while considering
whether the consent of the victim is an ‘informed consent’, it
is necessary that the victim places her affidavit on record
giving her ‘No Objection’ to the quashing of the case. That,
before such an affidavit is accepted, in order to ensure that
the consent is an informed consent, the victim may be sent
before the Secretary, MLSA or Secretary, DLSA to ascertain
whether the consent is an informed consent, by giving her
time to ponder over the same; and a report be called for,
before such quashing petition is considered. While quashing
the case, the Government schemes that may be available to
a victim in a POCSO Act and the child born from the said
relationship also be given due weightage as suggested and
directed by the Apex Court in the case of Re: Right to
Privacy of Adolescents (supra) .

35. No doubt, we are conscious of the fact that a case under
POCSO Act, is not a case against an individual, but is an
offence against the society as a whole, however, 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. Thus, it is necessary to
maintain a fine balance between the competing interests of
justice, deterrence and rehabilitation. Where the victim and
the boy are married or are living together as husband and
wife (and recognised), and have a child/children, sending
the boy to jail would not serve the cause of justice, rather it
would cause great injustice to the victim and the child born
from the said consensual relationship, as ultimately, the aim
of the law is to do justice. Thus, in cases where the court
comes to the conclusion, that the consent given by the victim
is a genuine and informed consent and that it would be
greater injustice to send the boy to jail, instead of letting the

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parties live together as one family, the Court may consider
quashing the case, pending trial, keeping in mind what is
stated aforesaid. We may note, considering the large
number of POCSO cases, in particular Romeo – Juliet cases,
it is the responsibility of the State Government to create
awareness amongst the people, including the children about
the provisions of the POCSO Act, its punishment, etc., not
only in the cities but also in the interior and remote places,
including schools, colleges, etc. ”

10. Keeping in mind the observations made in the aforesaid
judgment, the report of the Secretary, High Court Legal Services
Committee, the fact that the petitioner Nos. 1 and 2 are married
and are living together as husband and wife alongwith their two
children, aged 4 years and 3 years respectively, no purpose will
be served in continuing with the proceeding qua the petitioner
No. 1. Accordingly, the FIR registered with the Sadar Police
Station, being Sadar P.S. Case No. 20(01) of 2024 and
consequently, the proceeding pending before the learned Special
Judge (POCSO), Shillong, being Special (POCSO) No. 33 of 2024,
are quashed and set aside.

11. The petition is allowed and Rule is made absolute on the
aforesaid terms.

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12. Needless to state that all such assistance be rendered by
the authorities, i.e., the DCPO and the Secretary, East Khasi
Hills District, Shillong, to the petitioner No. 2 and her two
children.

13. Registry to forward forthwith a copy of this order to
both the DCPO, East Khasi Hills District, Shillong and the
Secretary, DLSA, East Khasi Hills District, Shillong, to
enable them to take steps and comply with the same .

14. With the aforesaid observations, the petition stands
disposed of.

15. All parties to act on the authenticated copy of this order.

( Revati Mohite Dere )
Chief Justice
Meghalaya
28.10.2026
“Sylvana PS”

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SYLVANA LIZ KHARBHIH
Digitally signed by:
Signed On: 03-11-2026 17:33:16 IST
Verified