In a relief to noted academic and activist Prof. Madhu Kishwar, the Delhi High Court quashed a 17-year-old attempt-to-murder case registered against her in 2008. The Court termed the First Information Report (FIR) as a “maliciously motivated counterblast” intended to retaliate against Kishwar’s earlier complaint against the same complainants.
The order was passed by Justice Amit Mahajan on October 16, 2025, in the matter titled Prof. Madhu Kishwar v. State of NCT of Delhi & Ors.
Background of the Case
The FIR, registered as FIR No. 162/2008, stemmed from an incident that took place on December 31, 2007, at the Sewa Nagar Street Vendors’ Market, where Kishwar was reportedly photographing vendors for a documentation project run by her organisation Manushi.
The Basoya family, who lodged the complaint, alleged that Kishwar had instructed her driver to run over them with a car and that she and her associates had assaulted them during an altercation concerning alleged shop allotments.
On the contrary, Kishwar maintained that the FIR was filed in retaliation after she had lodged a complaint the same day against members of the Basoya family, accusing them of forming an unlawful assembly and attacking her while she was photographing illegal encroachments.
Court’s Findings and Observations
After hearing the parties, Justice Mahajan observed that the complainants in the counter-case had already been convicted based on Kishwar’s earlier complaint, and the present FIR appeared to be an act of vendetta.
“Even if the allegations of the complainant are taken at their highest, considering the complainants’ conviction in a case arising out of the same incident, the same can at best be considered as self-defence or an altercation during the discharge of lawful duties,” the Court remarked.
Consequently, the High Court allowed the petition and quashed FIR No. 162/2008 along with all consequential proceedings.
“In view of the above, the present petition is allowed. Accordingly, FIR 162/2008 and all consequential proceedings arising therefrom are quashed,” the order read.
Charges and Legal Provisions Involved
Kishwar had been booked under:
- Section 307 – Attempt to murder
- Section 323 – Voluntarily causing hurt
- Section 506 – Criminal intimidation
- Section 34 – Common intention of the Indian Penal Code (IPC)
However, the Court’s finding that the complainants were already convicted in the cross-case effectively nullified the allegations, leading to the quashing of the 17-year-old proceedings.
Representation Before the Court
- For the Petitioner (Prof. Madhu Kishwar): Advocates Ravi Sharma, Shivam Mishra, and Madhulika Rai Sharma
- For the State (NCT of Delhi): Additional Public Prosecutor Priyanka Dalal
Bench Details
- Court: High Court of Delhi
- Coram: Hon’ble Mr. Justice Amit Mahajan
- Date of Judgment: 16 October 2025
- Case Title: Prof. Madhu Kishwar v. State of NCT of Delhi & Ors.
- FIR No.: 162/2008 (PS Lajpat Nagar)
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