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Judgment
Revati Mohite Dere, CJ
By this petition, the petitioners seek quashing of the FIR registered with the Jowai Police Station being P.S. Case No. 115(9) of 2019 and consequently the proceeding, with the consent of the respondent No. 2 (complainant) and the respondent No. 3 (victim).
It appears that the respondent No. 2 (mother of the respondent No. 3 and complainant) lodged an FIR alleging offences under the POCSO Act and the IPC, as against the petitioner. At the relevant time, the respondent No. 3 (victim) was 17 years of age and the petitioner was 22 years. From the said relationship, the couple i.e., the petitioner and the respondent No. 3, have a six-year-old child, who is studying in Class-I. To the petition is annexed the marriage certificate of the petitioner and the respondent No. 3.
The petitioner as well as the respondent Nos. 2 and 3 are present in person. The respondent Nos. 2 and 3 have filed their respective affidavits giving their consent to the quashing of the proceeding as against the petitioner. In the affidavit, the respondent No. 2 (complainant) has stated that the petitioner got married to the respondent No. 3 on 23rd February, 2026 under the Special Marriage Act and that the respondent No. 3 is well settled with the petitioner and leading a happy life. It is further stated that the petitioner is performing his duties and responsibilities towards his wife and the child as a responsible husband and father. The respondent No. 3 has also filed her affidavit. The respondent Nos. 2 and 3 are present in person. They reiterate what they have stated in their affidavits i.e., they have‘noobjection’ to the quashing of the proceeding initiated against the petitioner.
Considering the aforesaid, the petitioner and the respondent Nos. 2 and 3 to appear before the Secretary, High Court Legal Services Committee, so as to enable the Secretary to record the statement of the respondent Nos. 2 and 3 separately, by finding out whether the consent is an informed consent and is not under pressure. The Secretary also to verify whether the respondent Nos. 2 and 3 have received any benefit from any scheme under the State Government or Central Government. The Secretary also to ensure whether the respondent No. 3 wishes to pursue any vocational training and whether the child born from the said relationship is getting free education or not or any financial benefit. The said report to be submitted to this Court on the next date.
Stand over to 13th April, 2026.
Interim relief granted earlier, to continue till the next date.