ELDON KHONGMAWLOH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. D.K. Warjri, learned counsel for the petitioner who has submitted that this application under Sec. 482 Cr.P.C has been preferred to invoke the inherent power of this Court for quashing of an FIR dtd. 19/1/2021 filed by one S.I J. Nonglang of Pynursla P.S before the Officer-In-Charge, Pynursla Police Station, East Khasi Hills District, to the effect that information was received from the In-charge Mawdiangdiang Police Outpost, that a report has been received from NEIGRIHMS Hospital, Shillong that one minor girl of about 17 years of age, a resident of Pongtung village, Pynursla was brought to the hospital for medical treatment and child labour. On enquiry, it was learned that the said minor girl was married to the petitioner herein and the couple have been living under the same roof with their parents since the month of March, 2020. On 16/1/2021, the said minor girl gave birth to a baby boy and at the relevant time was still under medical treatment in the said hospital. Noting that the parents are not willing to file any complaint, the informant has accordingly requested that appropriate action may be taken in this regard.

(2.) On receipt of the said FIR, Pynursla P.S Case No. 02(1)2021 u/s 5(j)(ii)/6 of the POCSO Act, 2012 was registered against the petitioner herein and on the Investigating Officer finding a prima facie case against the petitioner, eventually the learned Special Judge (POCSO), Shillong took cognizance of the case and the petitioner was accordingly made to stand trial in connection with Special (POCSO) Case No. 15 of 2021 u/s 5(j)(ii)/6 of the POCSO Act, 2012. The case is at the stage of consideration of charge.

(3.) Mr. Warjri has submitted that the petitioner is a villager earning his livelihood through daily wage labour and he had cohabited with the said alleged victim as per Khasi customs since the month of March, 2020 and is living together with his wife and family members in the same roof in a happy conjugal relationship where after, a baby boy was born to them on 16/1/2021.