Ayesha Ashfaq Khan vs State(Nct Of Delhi) & Anr

ik-70372037 Delhi High Court 15 December 2025 • 17 min read

Judges (1)

Counsel (9)

Abhir Datt Counsel Petitioner Amit V. Awasthi Counsel Respondent Debayan Gangopadhyay Counsel Petitioner Mohit Mathur Counsel Petitioner Piyush Vatsa Counsel Respondent Rishi Kumar Awasthi Counsel Respondent Ritu Arora Counsel Respondent Utkarsh Counsel Respondent Vedant Singh Counsel Petitioner

Parties (3)

State (NCT) of Delhi Respondent Ayesha Ashfaq Khan Petitioner Nishikant Dubey Respondent

Case Significance

Ayesha Ashfaq Khan vs State(Nct Of Delhi) & Anr is a Delhi High Court decision dated December 15, 2025 (citation: ik-70372037). The petitioner sought quashing of an NCR registered under Section 500 IPC (defamation) based on a Magistrate's order directing police investigation. The court held that defamation under Section 500 IPC is a non-cognizable offence under Section 155 CrPC and cognizance can only be taken on a private complaint by the aggrieved person before the Magistrate under Section 199 CrPC — neither registration of FIR nor police investigation is permissible for defamation. The petition was allowed and the The case was heard by Justice Neena Bansal Krishna.

Summary

The petitioner sought quashing of an NCR registered under Section 500 IPC (defamation) based on a Magistrate's order directing police investigation. The court held that defamation under Section 500 IPC is a non-cognizable offence under Section 155 CrPC and cognizance can only be taken on a private complaint by the aggrieved person before the Magistrate under Section 199 CrPC — neither registration of FIR nor police investigation is permissible for defamation. The petition was allowed and the Magistrate's order directing police investigation was quashed as legally untenable.

What was the outcome of Ayesha Ashfaq Khan vs State(Nct Of Delhi) & Anr?

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-70372037)