SKHEMBORLANG SUTING Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This is an application under Sec. 482 Cr.P.C with a prayer to set aside and quash the criminal proceedings pending in the Court of the learned Special Judge (POCSO), East Khasi Hills, Shillong being Special POCSO Case No. 70 of 2020 u/s 5(j)(ii)/6 POCSO Act, 2012.

(2.) Heard Mr. K.Ch. Gautam, learned counsel for the petitioners herein who has submitted that the petitioner No. 1 and petitioner No. 2 are husband and wife and in course of their relationship, the petitioner No. 2 got pregnant and accordingly, the petitioner No. 1 took her to Nazareth Hospital, Shillong for medical checkup. However, the hospital authorities on confirming that the petitioner No. 2 is pregnant and that her age was about 17 years at the relevant time had accordingly informed the police of the matter.

(3.) The police on receipt of the telephonic information from Nazareth Hospital, had lodged an FIR through Inspector P. Burman of Madanrting P.S, Shillong who had stated that on 12/5/2018 at about 11:40 PM, the petitioner No. 2, wife of petitioner No. 1 had gone to Nazareth Hospital for checkup and was found to be pregnant. Therefore, prayer for suo moto case was registered and investigation was made by the said informant. Accordingly, Madanrting P.S Case No. 37(5)2018 u/s 5(j)(ii)/6 POCSO Act, 2012 was registered.