OLIUS MAWIONG Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This is an application under Sec. 482 Cr.P.C preferred with a prayer before this Court to invoke its inherent power to set aside and quash the FIR dtd. 14/5/2021 filed before the Officer-in-Charge, Pynursla Police Station, East Khasi Hills District and duly registered as Pynursla P.S. Case No 30(5) of 2021 under Sec. 5 (j) (ii) (q)/6 of the POCSO Act, 2012 and which case after filing of the charge sheet by the Investigating Officer, was taken up by the learned Special Judge,(POCSO), Shillong in Special POCSO Case No. 63 of 2021.

(2.) In the said FIR lodged by the respondent No. 2 herein, the complaint stated that her daughter who is about 17 years and 7 months had an affair with the petitioner herein since the year 2020 and with the consent of the family, they got married and stayed together as husband and wife. However, on 13/5/2021, the police of Pynursla Police Station came to her house and advised her to lodge an FIR against the petitioner herein on the basis of the information received from the Pynursla CHC that her minor daughter was tested to be pregnant from an underage marriage which is against the law and being so compelled, the respondent No. 2 lodged the said FIR against her wishes.

(3.) Following the usual formalities, the police registered a criminal case being Pynursla P.S. Case No. 30(5) of 2021 under Sec. 5 (j) (ii) (q)/6 of the POCSO Act, 2012 and as stated above, on completion of investigation and filing of charge sheet, the case was then taken up by the learned Special Judge (POCSO), Shillong being Special POCSO Case No. 63 of 2021.