OBENSHON LYNGSHIANG AND ANR. vs STATE OF MEGHALAYA AND ORS.
- Court
- High Court of Meghalaya
2026:MLHC:1228
Serial No.20
Daily List
HIGH COURT OF MEGHALAYA
AT SHILLONG
Crl.Petn.No.150/2026
Date of Decision: 28.10.2026
Uploaded on:03.11.2026
1. Shri Obenshon Lyngshiang, S/o Shri Sephrin Nongrum,
aged about 27 years, R/o Jatah Lakadong, Smit, East
Khasi Hills District-793015, Meghalaya.
2. Smti. XYZ (victim), aged about 24 years. .... Petitioners
Vs
1. State of Meghalaya, represented by its Secretary to the
Government of Meghalaya, Home (Police) Department.
2. Investigating Officer, Women Police, Women PS, East Khasi
Hills District, Meghalaya.
3. Dr. S. Das, Medical Officer, office to the Medical Health
Officer, Government of Meghalaya, Jatah
PHC/PPP/NRHM, East Khasi Hills District, Meghalaya.
..... Respondents
Coram:
Hon’ble Mrs. Justice Revati Mohite Dere, Chief Justice
Appearance:
For the Petitioners : Mr. P.A. Dohkrut, Adv
For the Respondents : Mr. H. Kharmih, AAG with
Ms. P. Chettri, GA
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 the parties.
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2. Rule. Rule is made returnable forthwith with the consent
of the parties in all the aforesaid petitions and is taken up for
final disposal.
3. By this petition, the petitioners i.e. petitioner No.1
(original accused) and petitioner No.2 (survivor), seek quashing
of the FIR registered with the Madanriting Police Station, being
Madanriting P.S. Case No.114(12) 2020, as against the
petitioner No.1 for the alleged offences punishable under Section
5 (j)(ii) read with Section 6 of the POCSO Act and consequently,
the proceeding pending before the learned Special Judge
(POCSO), East Khasi Hills District, Shillong, being Special
(POCSO) Case No.109 of 2021.
4. Quashing is sought on the premise that the relationship
between the petitioner Nos.1 and 2 was consensual. It appears
that at the relevant time, the petitioner No.1 was 19 years and 8
months and petitioner No.2, 16 years and 10 months. Today, the
petitioner No.1 is aged 26 years 6 months and petitioner No.2,
22 years and 8 months. It further appears that from the said
relationship, the petitioners have two children, one aged five
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years and the other three years. It further appears that the
petitioners are living together as husband and wife since 2020
and that the petitioner No.2 is pregnant for the third time. It
further appears that the families of both the petitioners have no
objection to the said relationship.
th
5. Vide order dated 5 October, 2026, the petitioners were
directed to appear before the Secretary, High Court Legal
Services Committee 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 has received
any benefits from any of the Schemes, either under the State or
Central Government etc.
6. Learned AAG was also directed to submit a report of the
concerned police station, as to whether the contents mentioned
in the petition are true and correct i.e., the petitioners were living
together as husband and wife with their two children and is
pregnant for the third time.
7. Pursuant thereto, the Secretary, High Court Legal
Services Committee has submitted her report in a sealed
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th
envelope. The said envelope is opened and the report dated 9
October, 2026 is taken on record.
8. From a perusal of the said report, it appears that the
petitioner Nos.1 and 2, entered into a romantic relationship in
2019 and that the relationship was consensual. The report
further reveals that according to the petitioner No.2, in her birth
certificate her age was reduced. The report further reveals that
the petitioners have two children and that the petitioner No.2 is
pregnant for the third time. It further appears from the report
that the petitioner No.2 does not desire to resume her education
nor is she interested in any vocational training. The report
further reveals that neither she nor her children have received
any benefit from any schemes either of the State or Central
Government or compensation under the Victim Compensation
Scheme.
9. Learned AAG has also tendered a report of the Officer-in-
Charge, Madanriting Police Station. From the said report, it
appears that the petitioners are living together as husband and
wife since 2020 and are blessed with two children, one aged 5
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years and 6 months and the other aged 3 years and 3 months.
The said report is also taken on record.
10. 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
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
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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 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
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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 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.”
11. Keeping in mind the observations made in the aforesaid
judgment; the report of the Secretary, High Court Legal Services
Committee; the report of the concerned police station i.e.
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Madanriting Police Station, Shillong, the fact that the petitioners
are living together as husband and wife, alongwith their two
children and that the petitioner No.2 is pregnant for the third
time and also keeping in mind the no objection given by the
petitioner No.2 to the quashing of the FIR and consequently, the
proceeding, there is no impediment if the petition is allowed.
12. Accordingly, the petition is allowed and the FIR registered
with the Madanriting Police Station, being Madanriting P.S.
Case No.114(12) 2020, as against the petitioner No.1 for the
alleged offences punishable under Section 5 (j)(ii) read with
Section 6 of the POCSO Act and consequently, the proceeding
pending before the learned Special Judge (POCSO), East Khasi
Hills District, Shillong, being Special (POCSO) Case No.109 of
2021, are quashed and set aside.
13. The petition is allowed and Rule is made absolute on the
aforesaid terms.
14. Petition is disposed of accordingly.
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15. Needless to state, that the petitioner No.2 and her children
be extended all benefits as may be applicable to them i.e., the
Schemes from either the State or Central Government, which are
as under;
(i) Scheme for Care and Support to Victims of under
Sections 4 and 6 of the POCSO Act (exclusively for POCSO
victims) [Nirbhaya Fund];
(ii) Mission Vatsalya Scheme (Child Protection Services);
(iii) Beti Bachao, Beti Padhao (BBBP) Scheme;
(iv) Meghalaya Victim Compensation Scheme, 2022;
(v) Meghalaya Health Insurance Scheme;
(vi) Ayushman Bharat-PM-JAY (free health);
(vii) Mission 1000 Days-Meghalaya;
(viii) Rashtriya Bal Swasthya Karyakram (RBSK);
(ix) Chief Minister’s Safe Motherhood Scheme or CM-SMS;
(x) Special Training Programme for age-appropriate
admission of Out of School Children (OoSC) and Back to
School Campaign;
(xi) Samagra Siksha (Back to School);
(xii) NALSA (Child-Friendly Legal Services for Children)
Scheme 2024;
(xiii) NALSA (Legal Services to Persons with Mental Illness
and Persons with intellectual Disabilities) Scheme, 2024;
and
(xiv) Mission Shakti-Women’s Safety, Support and
Empowerment; and
(xv) Insurance or any other scheme.
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16. In order to enable the petitioner No.2 to get the benefits of
the above said schemes, the District Child Protection Officer
(DCPO), East Khasi Hills District, Shillong as well as the
Secretary, DLSA, East Khasi Hills District, Shillong are directed
to ensure that the benefits as may be applicable to the petitioner
No.2 and her children are made available to them at the earliest
and in any event within eight weeks from the date of receipt of
this order. A support person be appointed to assist the petitioner
No.2 in availing all the schemes, as she may be entitled to herself
and her children.
17. A compliance report of the benefits extended to the
petitioner No.2 and her children be placed before this Court on
the next date.
18. If compensation under the Victim Compensation Scheme
is granted to the petitioner No. 2, the said money received will
be kept in a Fixed Deposit till the petitioner No. 2 attains the age
of 25 years. However, the petitioner No. 2 would be entitled to
quarterly interest on the said amount and would be free to deal
with the said amount on attaining the age of 25 years.
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19. The Registry to forward forthwith a copy of this order
to both, the Member Secretary, Meghalaya State Legal
Services Authority, Shillong and Commissioner and
Secretary, Social Welfare Department, Shillong as well as to
the District Child Protection Officer (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.
20. Although, the petition is disposed of, list the petition on
st
21 December, 2026 for recording compliance of the directions
given in paragraphs 15 to 18 aforesaid.
21. All parties to act on the authenticated copy of this order.
( Revati Mohite Dere )
Chief Justice
Meghalaya
28.10.2026
“ Lam DR-PS”
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LAMPHRANG KHARCHANDY
Digitally signed by:
Signed On: 03-11-2026 16:39:37 IST
Verified