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2026 DAILYLAW 508 (MEG)

KITBORLANG RYNTATHIANG v. STATE OF MEGHALAYA AND ANR.

Crl.Petn./80/2026 · 2026-07-27

Revati Mohite Dere

body2026

Judgment text

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HIGH COURT OF MEGHALAYA AT SHILLONG Crl.Petn. No. 80 of 2026 Date of order: 27.07.2026 Kitborlang Ryntathiang ...Petitioner - versus - 1. State of Meghalaya represented by the Superintendent of Police, West Khasi Hills District, Meghalaya. 2. Miss X (Survivor) ...Respondents Coram: Hon’ble Mrs. Justice Revati Mohite Dere, Chief Justice Appearance: For the Petitioner : Mr L. Syiem, Adv. For the Respondents : Ms Z.E. Nongkynrih, Addl PP i) Whether approved for Yes/No reporting in Law journals etc.: ii) Whether approved for publication Yes/No in press: JUDGMENT: (per the Hon’ble, the Chief Justice) (Oral) By this petition, the petitioner had sought quashing of the FIR and consequently, the proceeding pending against him. 2. The petition is filed on the premise that the respondent No. 2 has consented to the quashing of the FIR and Serial No. 10 Daily List 2026:MLHC:775 consequently, the proceeding qua the petitioner. Pursuant thereto, the parties were directed to appear before the Secretary, High Court Legal Services Committee to enable the Secretary to submit her report as to whether the consent was an informed consent; whether the respondent No. 2 has received any benefits under any of the Schemes either of the State or Central Government, etc. for herself and her child. Pursuant thereto, the Secretary, High Court Legal Services Committee has submitted her report in a sealed envelope. The envelope is opened and the report dated 15.07.2026, is perused. 3. From the said report, it appears that the respondent No. 2 was a minor, aged 14 years and the petitioner was 21 years. It further appears from the report that the respondent No. 2 does not wish to live or keep any relations with the petitioner. The report also reflects that the respondent No. 2 does not stay with the petitioner and that the petitioner does not visit the respondent No. 2 and their child nor does he contributes towards their expenditure. The respondent No. 2 has given consent of quashing the FIR only having regard to the fact, that the family is facing a lot of difficulties in their day-to-day life. 2026:MLHC:775 The report further reveals that she has not received any compensation or benefits under the Central or State Government Schemes for herself or for her child. It also appears from the report that the respondent No. 2 is keen on resuming her studies and is interested in doing a tailoring course, if given an opportunity. It appears from the report that the respondent No. 2 and her family have a lot of financial difficulties in their day-to-day life. The respondent No. 2’s reason for giving consent for quashing is that she is facing financial difficulties. This cannot and can ever be a ground for quashing the case. Even otherwise, the evidence of the respondent No. 2 is over, inasmuch as, the trial has started. 4. At this stage, learned counsel for the petitioner submits that he does not wish to pursue/press this petition. He states that the petitioner will proceed with the trial. Accordingly, the petition stands disposed of as not pressed. 5. The trial court to decide the case on its own merits having regard to the evidence that has come on record. 2026:MLHC:775 6. Although, the petition is disposed of, this Court deems it appropriate to direct the Secretary, Meghalaya State Legal Services Authority and the DCPO of Eastern West Khasi Hills District to ensure that the respondent No. 2 is given all the benefits as she may be entitled to for herself and her child. The said Schemes are as under: (i) Scheme for Care and Support to Victims of under Sections 4 and 6 of the POCSO Act (exclusively for POCSO victims) [Nirbhaya Fund]; (ii) Mission Vatsalya Scheme (Child Protection Services); (iii) Beti Bachao, Beti Padhao (BBBP) Scheme; (iv) Meghalaya Victim Compensation Scheme, 2022; (v) Meghalaya Health Insurance Scheme; (vi) Ayushman Bharat-PM-JAY (free health); (vii) Mission 1000 Days-Meghalaya; (viii) Rashtriya Bal Swasthya Karyakram (RBSK); (ix) Chief Minister’s Safe Motherhood Scheme or CM-SMS; (x) Special Training Programme for age-appropriate admission of Out of School Children (OoSC) and Back to School Campaign; (xi) Samagra Siksha (Back to School); (xii) NALSA (Child-Friendly Legal Services for Children) Scheme 2024; (xiii) NALSA (Legal Services to Persons with Mental Illness and Persons with intellectual Disabilities) Scheme, 2024; and 2026:MLHC:775 (xiv) Mission Shakti-Women’s Safety, Support and Empowerment; and (xv) Insurance or any other scheme. 7. In the event, compensation is awarded under the Victim Compensation Scheme, the said amount be deposited in a Fixed Deposit standing in the name of the respondent No. 2, till the respondent No. 2 attains the age of 25 years. However, the respondent No. 2 will be entitled to get quarterly interest on the said amount and on attaining the age of 25, she will be entitled to deal with the said amount as she may intend to do. 8. Since the report of the Secretary, High Court Legal Services Committee shows that the respondent No. 2 is keen to resume her studies and is also interested in pursuing a course in tailoring, the DCPO, Eastern West Khasi Hills District as well as the Secretary, DLSA, Eastern West Khasi Hills District to extend all possible help/assistance to the respondent No. 2 and her family. All benefits as the respondent No. 2 and her child may be entitled to, be extended to them. A support person be appointed for the respondent No. 2 to assist her in getting necessary compensation and assistance to enable the her to 2026:MLHC:775 resume her studies and pursue her vocational course. If necessary, having regard to the financial condition of the respondent No. 2 and her family, the Secretary, DLSA, Eastern West Khasi Hills District as well as the DCPO, Eastern West Khasi Hills District to extend all financial assistance to the respondent No. 2 and her family and in particular, the child. 9. A copy of this order be forwarded to the Member Secretary, Meghalaya State Legal Services Authority, Shillong and Commissioner and Secretary, Social Welfare Department, Shillong as well as to the DCPO, Eastern West Khasi Hills District and Secretary, DLSA, Eastern West Khasi Hills District, to enable them to comply with the same. 10. Although, the petition is disposed of, the same to be listed under the caption “for compliance” on 15th September, 2026. (Revati Mohite Dere) Chief Justice 2026:MLHC:775 Digitally signed by SYLVANA LIZ KHARBHIH Date: 2026.07.28 18:10:20 IST