* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on 01^st September, 2025

Pronounced on: 15th December, 2025

+ CRL.M.C. 495/2021, CRL.M.A. 2536/2021

AYESHA ASHFAQ KHAN

D/O Ashfaq Subhan Khan,

R/O A Wing 303, Pearl Palace,

Aqsa Masjid Road, Bandivali Village,

Jogeshwari West, Mumbai .....Petitioner

Through: Mr. Mohit Mathur, Sr. Advocate with

Mr. Abhir Datt, Mr. Debayan Gangopadhyay, Mr. Vedant Singh, Ms. Varnika Singh, Mr. Suryaketu Tomar, Mr. Vaibhav Tomar and Mr. Vignesh Ramanathan, Advocates

versus

1. STATE (NCT OF DELHI) Through The Investigating Officer,

PS. North Avenue, New Delhi 2. NISHIKANT DUBEY

S/O. Radhey Shyam Dubey

18, Gurudwara Rakabganj, New Delhi .....Respondents

Through: Mr. Utkarsh, APP for the State

Mr. Rishi Kumar Awasthi, Mr. Amit V. Awasthi, Mr. Piyush Vatsa, Ms. Ritu Arora and Mr. Abhigyat

Chaitanya, Advocates for R-2

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as „Cr.P.C.‟) has been filed on behalf of the Petitioner/Ayesha Ashfaq Khan for quashing of NCR No.0005/2020 dated 30.12.2020 under Section 500 of the Indian Penal Code, 1860 (hereinafter referred to as „IPC‟), registered by P.S. North Avenue, New Delhi and all consequential proceedings emanating therefrom including the Order dated 22.01.2021 passed by learned M.M., Delhi.

2. Briefly stated, the Petitioner states that she is a Model by profession. In 2013, she was induced to file a false Complaint, but on realizing her mistake, she had withdrawn the same after few days of filing. However, after about seven years, in December 2020, persons claiming allegiance to Respondent No.2/Nishikant Dubey and other members of his political party, for their political gain and vested interest, coerced the Petitioner into lodging false Complaints/Petitions seeking reopening of that false Complaint, which she had withdrawn in 2013. Petitioner withdrew these false Complaint/Petitions, which she was coerced into filing in the first place, as soon as she was able to evade these persons. The Petitioner is receiving death threats ever since she has withdrawn these false Complaints/Petitions.

3. Fearing grave danger to her and her mother’s life, the Petitioner had recorded a video clip and sent the video recording to the Mumbai Police in which she has named Respondent No.2 and three other persons to be held responsible, if anything untoward/unnatural happened to her. The Petitioner claims that she had sent this video-recording only to the Police Authorities and had not disseminated the same in any manner to any third person whatsoever.

4. However, it transpires that Respondent No.2 has obtained this video recording and has tweeted the same on his twitter handle @nishikant_dubey on 24.12.2020. He has also posted this video recording on his Facebook page https://www.facebook.com/nishikantdubeymp on 23.12.2020. He has deliberately compromised the identity of the Petitioner and exposed her to grave risk. He has deliberately disseminated the video-recording through social media, to show his clout and intimidate the Petitioner. After disseminating the video himself, he has lodged a false, frivolous and mala fide Complaint with the police authorities in New Delhi, to further harass and coerce the Petitioner.

5. It is asserted that Respondent No.2, who is presently a Member of Parliament (Lok Sabha) from the Bhartiya Janta Party (BJP) from the Godda Parliamentary Constituency in Jharkhand, filed a Complaint on 24.12.2020 before the SHO, North Avenue Police Station, New Delhi, alleging that in the year 2013, a case bearing Registration No.700314/2013 was registered by the Petitioner against the Chief Minister of the State of Jharkhand, Shri Hemant Soren under Sections 376/366/365/ 354/323/506/120B/34 IPC, but the same was withdrawn on 30.10.2013, after which, the Petitioner purchased a house in Mumbai for an amount of Rs.55,00,000/-.

6. On 27.08.2020, the Respon