$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 553/2025 and CRL.M.A. 13499/2026 GAURAV SHARMA .....Petitioner Through: Mr.Vipul Lamba, Mr.Akash Khurana, K Gaikhanglung, Advocates versus STATE NCT OF DELHI AND ANR .....Respondents Through: Ms. Rupali Bandhopadhya, ASC for State with SI Mukesh Kumar Yadav, SI Sourav Singh, PS Rajouri Garden. Mr Abhimanyu Bhandari, Sr Advocate with Mr. Arjun Syal, Mr Rohit Kumar, and Adv Naman Verma, Advocates for R-3. CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 10.07.2026 1. The instant petition is for the following reliefs:- “a. Pass Writ of Certiorari thereby Quashing the FIR bearing no. 105 of 2025 dated 10.02.2025, under Section 64(1)/351(3)/3(5) of Bhartiya Nyaya Sanhita and Section 6 of Protection of Children From Sexual Offence Act, 2012 qua the petitioner; b. Pass a Writ of Mandamus thereby directing the Police Officials to conduct fair and impartial inquiry in the FIR bearing no. 105 of 2025 dated 10.02.2025, under Section 64(1)/351(3)/3(5) of Bhartiya Nyaya Sanhita and Section 6 of Protection of Children From Sexual Offence Act, 2012 and take appropriate action against the conspirators; c. Pass a Writ of Mandamus directing the Police Officials for giving protection to the Petitioner and family members of the Petitioner; This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/07/2026 at 12:07:06 d. Pass Writ of Mandamus Directing Stay of the Investigation qua the Petitioner and no Coercive steps against the Petitioner.” 2. The petitioner is aggrieved by the registration of FIR No. 105/2025 dated 10.02.2025, for the offences punishable under Sections 64(1), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS), and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). 3. During the pendency of the present petition, a status report has been filed by the State. It has been pointed out therein that the name of the petitioner has been placed in Column No. 12 of the charge-sheet, indicating that, upon investigation, the petitioner was not found to be involved in the commission of the offences in question. Paragraph nos.14 and 15 of the status report are extracted as under:- “14. That a chargesheet was filed against accused Daljeet Singh @Vijay U/s 64(1)/351(3)/3(5) BNS r/w Section 6 POCSO Act and against co- accused Golu @ Amrik Singh, Gurvant Singh and Harpreet Singh A Sanju U/s 12 POCSO Act before the Ld. Trial Court on 11.09.2025. As per the investigation conducted by IO, there was no sufficient evidence against accused Gaurav Sharma. Hence, his name was placed in Column No. 12 of the chargesheet. 15. That on perusal of the chargesheet, it is revealed that as per the investigation conducted so far following facts emerged in respect of accused Gaurav Sharma: a. CDR of mobile number 9971830989 (Gaurav Sharma) has been obtained and analyzed. As per CDR on dated 18-10-2025 time 09.00 pm to 9.30pm (date and time of alleged incident) his Tower location at H.No. 384/3, Khara No. 384/3, Block A, Street No. 03, Mahipalpur Exin. which is 16 km from the place of incident. b. As per CDR of accused Daljeet Singh and Gaurav Sharma there is no single contact found between them. Accused Daljeet Singh @ Vijay in his disclosure statement denied any involvement of accused Gaurav Sharma. He also denied to know Gaurav Sharma and never met Gaurav Sharma. Gaurav Sharma also denies he does not know and never met with Daljeet Singh. c. There is no other evidence against Gaurav Sharma except complaint and statement u/s 183 BNSS. The victim also denied involvement of Gaurav Sharma in her second statement u/s 183 BNSS. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/07/2026 at 12:07:06 d. On 10-02-2025, the alleged accused Gaurav Sharma filed a complaint, stating that a false complaint had been registered against him in collusion with Kanwarjeet Singh Kochhar and Pavneet Singh Kochhar, with whom he is currently involved in an ongoing dispute. Following the registration of the present case, his property was allegedly taken into possession unlawfully, prompting him to lodge FIR No. 95/2025 under Sections 11(2), 126(2), 127(2), 329(4), 351(2), and 3(5) of the BNS at Police Station Vasant Kunj North. In connection with this case, the accused person, Balwinder @ Boddy and Pavneet Kochhar, was reportedly present near Subhash Nagar Police Post and Rajouri Garden Police Station on 09-02-2025, at the time when the complainant filed the complaint. Balwinder Singh is also linked to the victim through the family of her friend, Simran. It has been revealed during the investigation that the victim, along with her friend Simran, visited the hotel owned by the alleged Gaurav Sharma on 31.01.2025 and 01.02.2025. During their interrogation, Simran and her mother, Kaavita, stated that the victim had filed a false complaint against Gaurav Sharma. In view of above facts, the possibility of the false implication of the accused Gaurav Sharma in the present case cannot be ruled out.” 4. The petitioner, however, contends that, at the behest of certain private individuals and as part of a larger conspiracy, he was falsely implicated in the case with mala fide intent. 5. Submissions made on behalf of the petitioner are strongly opposed by learned counsel appearing on behalf of the private respondent. 6. The Court, at this stage, is not inclined to delve into the said aspect. If the petitioner has any grievance against any private individual, he shall be at liberty to avail of the appropriate remedy in accordance with law. 7. With these observations, the instant petition along with all pending applications, stand disposed of. 8. All rights and contentions of the parties are left open. PURUSHAINDRA KUMAR KAURAV, J JULY 10, 2026/Nc This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/07/2026 at 12:07:06