Court underscores the importance of informed consent and societal customs in quashing FIRs under the POCSO Act.
The Meghalaya High Court, presided over by Chief Justice Mrs. Revati Mohite Dere, has quashed an FIR filed under the Protection of Children from Sexual Offences (POCSO) Act, acknowledging the significance of informed consent and the societal realities of the parties involved. The petitioners, Sooki Rymbai and his wife, Smti. XXX, sought the quashing of an FIR registered with the Women Police Station, East Jaintia Hills, following their marriage and the birth of two children.
The court recognized that the petitioners were in a consensual romantic relationship, which eventually led to marriage and family life. The survivor expressed her voluntary consent to quash the proceedings, emphasizing that her decision was made without coercion. The court took into consideration the matrilineal societal structure prevalent in Meghalaya, where the customs of the Khasi, Garo, and Jaintia tribes play a crucial role in family dynamics and social security.
In its judgment, the court underscored the need for a balanced approach between legal enforcement and the lived realities of society. It emphasized that the administration of justice must be tempered with fairness, compassion, and empathy, especially in cases where societal customs and informed consent are pivotal. The court also highlighted the necessity of extending benefits under various government schemes to the victim and her children, ensuring their social security and well-being.
The court directed the District Child Protection Officer and the Secretary of the District Legal Services Authority in East Jaintia Hills to ensure the timely implementation of these benefits, with a compliance report to be submitted within eight weeks.
Bottom Line :
Quashing of FIR and proceedings under POCSO Act permissible in exceptional cases where parties are married, living together with children, and victim consents voluntarily without coercion.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012, Section 528 BNSS (earlier Section 482 Cr.P.C.), Meghalaya Victim Compensation Scheme, 2022, and various State and Central Government schemes.
Sooki Rymbai v. State of Meghalaya, (Meghalaya) : Law Finder Doc id # 2977574
