The Delhi High Court has set aside a 17-year-old criminal case registered against academic and social activist Madhu Kishwar, which accused her of attempt to murder. The court held that the case appeared to be retaliatory in nature and lacked sufficient evidence to sustain prosecution.
The case dates back to an incident on December 31, 2007, in the Sewa Nagar street vendors’ market in South Delhi. The complainants, members of the Basoya family, alleged that Kishwar instructed her driver to run them over and that she and others accompanying her assaulted them, causing injuries. Based on this complaint, an FIR was registered in 2008 under Sections 307 (attempt to murder), 323 (voluntarily causing hurt), 506 (criminal intimidation), and 34 (common intention) of the Indian Penal Code.
Justice Amit Mahajan, who delivered the judgment on October 16, 2025, observed that the FIR filed against Kishwar was a “maliciously motivated counterblast” to another complaint that Kishwar herself had lodged on the same day. In that earlier case, the complainants in the present matter had already been convicted, which, according to the court, further supported the conclusion that the FIR against Kishwar was retaliatory in nature.
The court noted that the facts alleged by the complainants did not amount to an offence of attempt to murder and that, at most, the incident appeared to have been a minor altercation or act of self-defence. It further emphasized that criminal proceedings should not be permitted to continue where there is clear evidence of mala fide intent or misuse of legal process.
Consequently, the Delhi High Court quashed FIR No. 162 of 2008 and all related proceedings against Madhu Kishwar. The order brings an end to a case that had been pending for nearly two decades, marking a significant relief for the activist.
The ruling reinforces the court’s consistent position that criminal law should not be used as a tool for harassment or personal vendetta, especially when earlier judicial findings have already established the true sequence of events.
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