Delhi High Court Quashes Attempt To Murder FIR Against Prof Madhu Kishwar Over Alleged Assault In 2008
The Delhi High Court has quashed an attempt to murder case lodged against commentator Prof. Madhu Kishwar back in 2008, over an alleged altercation with the Basoya family while she was clicking pictures of alleged unauthorised constructions in the city for her organization, Manushi.Justice Amit Mahajan found the FIR to be “maliciously motivated counter blast” to the case first lodged...
The Delhi High Court has quashed an attempt to murder case lodged against commentator Prof. Madhu Kishwar back in 2008, over an alleged altercation with the Basoya family while she was clicking pictures of alleged unauthorised constructions in the city for her organization, Manushi.
Justice Amit Mahajan found the FIR to be “maliciously motivated counter blast” to the case first lodged by Kishwar for obstruction and assault while she was clicking pictures.
A trial court had found the Basoya family guilty of attacking Kishwar in 2019.
The High Court observed that even if allegations against Kishwar, of instructing her driver to run them over with her car, are taken at face value, “the same can at best be considered as a self-defence or an altercation at the stage when the complainant (Basoyas) has formed an unlawful assembly and caused injuries to the petitioner and another person when they were carrying out certain functions assigned to them.”
Kishwar was booked for offences under Sections 307 (attempt to murder), 323 (hurt) and 506 (criminal intimidation) of IPC.
It was alleged that Basoya met Kishwar and her associates allegedly seeking return of the money taken by her for allotment of shops. As per the FIR, Kishwar got annoyed and instructed her driver to run over the complainant, due to which, the driver hit the complainant with the car. Further, when Basoya's son and grandson came to the assistance of their mother, Kishwar and her driver beat them up, causing serious injuries.
Finding no substance in these allegations, the High Court observed,
“The Trial Court duly appreciated the material in regard to the incident that happened on 31.12.2007 and held that there is evidence to show that each of the accused persons, including Respondent No.4 (Basoya), actively participated in the use of criminal force against the petitioner, with an object to prevent the petitioner (Kishwar) from clicking photographs and from obstructing the accused persons illegal encroachment…The subject FIR appears to be in the nature of defence and a maliciously motivated counter blast to FIR No. 666/2007 for wreaking vengeance upon the petitioner.”
Appearance: Mr. Ravi Sharma, Mr. Shivam Mishra and Ms. Madhulika Rai Sharma, Advocates for Petitioner; Ms. Priyanka Dalal, APP for the State with Insp. Chandra Prakash, PS DIU/South Distt.
Case title: Prof. Madhu Kishwar v. State
Citation: 2025 LiveLaw (Del) 1388
Case no.: CRL.M.C. 2250/2008