The Meghalaya High Court has quashed a criminal case registered under the Protection of Children from Sexual Offences (POCSO) Act against a man, ruling that incarcerating him would cause significant injustice to his wife and child.
Presiding over the case, Justice B Bhattacharjee issued the order on July 7 after recording the voluntary and uncoerced consent of the 23-year-old wife, who was a minor when their relationship began. The court noted that the couple is now happily married with a child and has received the support of their respective families.
Judicial Focus On Family Welfare
In his ruling, Justice Bhattacharjee observed that because the husband and wife are recognized by their families and share a child, sending the husband to prison would fail to serve the cause of justice. The judge emphasized that disrupting the family unit would instead inflict severe hardship on both the wife and the young child born from the relationship.
The court’s decision was supported by an affidavit from the woman, who confirmed she is happily married and living with her husband and daughter. She stated that her husband is caring for them diligently and expressed her desire to spend the rest of her life with him.
Background Of The Legal Dispute
The case dates back to November 2018, when the woman was admitted to a hospital in Shillong to give birth. At the time, a relative filed a First Information Report (FIR) detailing that the underage couple had married and that both families accepted the union. However, because the woman was legally a minor, police registered a case under the POCSO Act.
Following a police investigation, a chargesheet was filed, and the man pleaded not guilty before a special POCSO court. The couple later formalised their marriage in a church and subsequently approached the High Court to have the criminal proceedings set aside.
During the proceedings, advocate R Dutta, representing the husband, argued that the relationship was entirely mutual. Dutta contended that the original FIR had been initiated against the woman’s wishes due to pressure from certain relatives. The defense attorney also cited a prior Meghalaya High Court precedent establishing that POCSO proceedings can be quashed under exceptional circumstances.
The state prosecution did not oppose the petition, leaving the court to pass the final dismissal order.
