Delhi High Court - Orders
State vs Pranav Yadav on 6 February, 2026
Author: Prateek Jalan
Bench: Prateek Jalan
$~70
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1033/2026
STATE .....Petitioner
Through: Mr. Aman Usman, APP with Mr.
Manvendra Yadav & Ms. Atia Ur.
Rehman, Advocates.
SI Rashmi, PS Janakpuri.
Mr. Amit Nayyar, Mr. Sunil
Kumar & Ms. Rekha Ranj,
Advocates for Victim.
versus
PRANAV YADAV .....Respondent
Through: Mr. Gaurav Gaur, Advocate.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 06.02.2026 CRL.M.A. 4049/2026 (Exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.
CRL.M.C. 1033/2026 & CRL.M.A. 4050/2026 (stay)
1. Issue notice. Mr. Gaurav Gaur, learned counsel, accepts notice on behalf of the respondent.
2. The State has filed the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the order dated 03.12.2025 passed by the learned Special Court, whereby the State has been directed to register an FIR under the Protection of Children from CRL.M.C. 1033/2026 Page 1 of 4 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 09/02/2026 at 20:41:26 Sexual Offences Act, 2013 ["POCSO Act"] against a minor girl [hereinafter, "GG"] and her parents, pursuant to a complaint filed by the respondent herein.
3. It may be noted that FIR No. 283/2024 at Police Station Janakpuri, under Sections 376, 313, 468, 471, 211, and 120B of the Indian Penal Code, 1860, read with Section 6 of the POCSO Act, has been registered against the respondent, in respect of alleged offences committed by him, against GG.
4. I have heard Mr. Aman Usman, learned Additional Public Prosecutor and Mr. Gaur. I have also heard Mr. Amit Nayyar, learned counsel for GG and her family.
5. The aforesaid FIR [FIR No. 283/2024] was registered against the respondent on 16.06.2024. Notice was issued to the respondent, who appeared and participated in the investigation. His parents produced school records and a birth certificate indicating his date of birth as 14.05.2006. Since the allegations pertain to acts allegedly occurring between 05.08.2023 and 28.12.2023, the respondent was produced before the Juvenile Justice Board ["JJB"].
6. Subsequently, the State contended that the school records relied upon by the respondent were based on a forged birth certificate and that the respondent's actual date of birth, as verified by the State, was 14.07.2005. These facts were placed before the JJB in August-September 2024; however, the JJB held that it was unable to review its own orders. The minor girl thereafter approached this Court in CRL.M.C. 2166/2025 [GG v. State], which remains pending, and by order dated 01.04.2025, this Court stayed the proceedings before the JJB.
CRL.M.C. 1033/2026 Page 2 of 4This 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 09/02/2026 at 20:41:26
7. In the meantime, the respondent lodged a complaint with the police in October 2024 and filed an application before the Special Court on 12.11.2024, alleging that he was also a minor at the time of the incident, and that he had been entrapped into establishing a physical relationship with GG by her and her parents. On the basis of this application, the learned Special Court passed the impugned order dated 03.12.2025, directing the concerned Station House Officer to register an FIR under the POCSO Act.
8. It prima facie appears to me that, at the core of the present matter lies a disputed question as to whether the respondent was, in fact, a minor at the time the alleged offences were committed. While proceedings had been initiated against him before the JJB based on documents produced by him and/or his parents, the verified birth certificate prima facie indicates that he was a major, and the proceedings before the JJB have accordingly been stayed by this Court. The question of whether the minor girl and her parents are liable to be proceeded against under the POCSO Act, as well as the basis of the respondent's complaint, rests on the assertion that he was a minor at the time of the incident. Prima facie, the respondent appears to have made these allegations only after the alleged discrepancy in his age was discovered, whereas the original complainant has consistently maintained that the respondent was a major at the relevant time.
9. Mr. Usman has also drawn my attention to Sections 19(7) and 22(2) of the POCSO Act. Section 19(7) protects any person from civil or criminal liability for furnishing information in good faith, while Section 22(2) specifically safeguards a child from punishment even in the event CRL.M.C. 1033/2026 Page 3 of 4 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 09/02/2026 at 20:41:26 of a false complaint made by the child.
10. Mr. Gaur submits that he will place material on record to show that the allegations raised by him, particularly against GG's mother, pertains to a period when he was a minor, even on the basis of his age, as contended by the State. This argument will be considered further at the appropriate stage.
11. For the present, I am of the view that registration of an FIR against GG and/or her parents may not be proceeded with pending further orders in this petition.
12. In view of the foregoing, the impugned order dated 03.12.2025 shall remain stayed until the next date of hearing.
13. At the request of Mr. Gaur, four weeks' time is granted for filing the reply to the petition. If the respondent so desires, he may additionally place documents before the Court in a sealed cover. Mr. Nayyar may also file an affidavit within the same period.
14. List on 20.04.2026.
PRATEEK JALAN, J FEBRUARY 6, 2026 'pv'/SD/ CRL.M.C. 1033/2026 Page 4 of 4 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 09/02/2026 at 20:41:26