FIR Was ‘Maliciously Motivated Counterblast’: Delhi HC Clears Madhu Kishwar in 2008 Case

Key Points:

In a recent judgment, the Delhi High Court quashed a 17-year-old attempt-to-murder case against noted academic and activist Prof. Madhu Kishwar, calling it a “maliciously motivated counterblast” filed in retaliation to her earlier complaint. The order, delivered by Justice Amit Mahajan on October 16, 2025, in Prof. Madhu Kishwar v. State of NCT of Delhi & Ors., concluded that the FIR No. 162/2008 was an act of vengeance by the complainants — the Basoya family — who had already been convicted in a related case based on Kishwar’s complaint.

Justice Mahajan observed that the FIR and its allegations were baseless and driven by personal enmity. “Even if the allegations of the complainant are taken at the highest, considering the complainant's conviction in a case arising out of the same incident, the same can at best be considered as self-defence or an altercation,” the Court noted. The judge further remarked that Kishwar was performing her legitimate duties related to a documentation project when the confrontation took place. The Court thus allowed her petition and quashed the FIR along with all consequential proceedings, finally bringing closure to the prolonged case.

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What Was the Case About

Madhu Kishwar, an Indian academic, Hindutva commentator, and co-founder of the organisation Manushi, was working on a documentation project when the incident occurred. On December 31, 2007, she was photographing vendors and alleged illegal encroachments at the Sewa Nagar Street Vendors’ Market in Delhi. During this process, she got into a dispute with members of the Basoya family, whom she had accused of operating illegal businesses in the area. Kishwar claimed that the family objected to her taking photographs and assaulted her and her driver to stop her from documenting the violations.

Kishwar filed a complaint accusing the Basoyas of unlawful assembly, assault, and obstruction. However, the same day, the Basoya family filed a counter-complaint alleging that Kishwar had instructed her driver to run them over and had physically assaulted them. Based on this, police registered FIR No. 162/2008 under Sections 307-attempt to murder, 323-voluntarily causing hurt, 506-criminal intimidation, and 34-common intention of the Indian Penal Code. The Basoyas claimed that the dispute was linked to the allotment of shops in the market and that Kishwar was the aggressor.

Kishwar maintained that the counter-complaint was a retaliatory move intended to harass her after she had lodged a legitimate complaint earlier the same day. Her complaint had led to FIR No. 666/2007, in which the Basoya family was convicted by a trial court in 2019 for using criminal force against Kishwar and her driver.

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High Court’s Findings

Relying on the earlier conviction, the Delhi High Court ruled that the attempt-to-murder case against Kishwar was false and vindictive. Justice Mahajan noted that even if Kishwar had asked her driver to move the car, it could only be seen as an act of self-defence amid an unlawful attack. The Court concluded that the FIR was filed merely to “wreak vengeance” on Kishwar for pursuing legal action against the complainants.

Advocates Ravi Sharma, Shivam Mishra, and Madhulika Rai Sharma represented Prof. Kishwar, while Additional Public Prosecutor Priyanka Dalal appeared for the State. The Court observed that the entire episode stemmed from a prolonged dispute over Kishwar’s documentation of illegal encroachments and her confrontation with those involved.

With this judgment, the Delhi High Court cleared Prof. Madhu Kishwar of all charges, bringing a decisive end to a case that had lingered for nearly two decades. [Rh/VP]

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