In 2008, the Basoya family members submitted a complaint, which led to the filing of a formal case against Kishwar.
A lawsuit involving a 17-year-old professor named Madhu Kishwar's attempted murder was recently dismissed by the Delhi High Court [Prof Madhu Kishwar v State of NCT of Delhi & Ors].
When Kishwar was taking photos for a project operated by her organization, Manushi, in the Sewa Nagar Street Vendors' market, the Basoya family lodged a complaint, leading to the first information report (FIR) being filed against her in 2008.
According to Kishwar, the Basoya family operates a number of illicit enterprises in the region.
Justice Amit Mahajan described the FIR as a "maliciously motivated counterblast" in an order issued on October 16. In that case, Kishwar had accused the complainant (Basoya family members) of beating her while she was taking photos.
Based on Kishwar's accusation, the Court observed that the complainant had already been found guilty in the FIR filed against them.
"The current petition is granted in light of the aforementioned. In light of this, the Court ruled that FIR 162/2008 and all related actions were invalidated.
Kishwar was charged with violating the Indian Penal Code's Sections 307 (attempt to murder), 323 (voluntarily causing pain), 506 (criminal intimidation), and 34 (common intention).
An altercation on December 31, 2007, was the cause of the FIR. During a dispute about the purported allocation of stores in Sewa Nagar Market, Basoyas, the complainant, had accused Kishwar of giving her driver instructions to run them over with a car. Additionally, the complainant and her family members were allegedly seriously injured in an assault by Kishwar and her associates.
According to Kishwar's attorney, the FIR was filed in retaliation for a previous complaint she had made that same day, in which the complainant and her family members were found guilty. Kishwar had claimed that while she and her driver were taking pictures of illegal encroachments in the market, the complainant's group had organized an illegal gathering and attacked them.
The High Court ordered the lawsuit to be quashed after reviewing it.
The Court stated that even if the complainant's accusations are taken to the highest level, given their conviction in a case involving the same incident, they can at most be regarded as self-defense or an altercation at the point where the complainant organized an illegal assembly and injured the petitioner and another individual while they were performing their assigned duties.
Madhu Kishwar was represented by advocates Ravi Sharma, Shivam Mishra, and Madhulika Rai Sharma.
Priyanka Dalal, an Additional Public Prosecutor (APP), represented the State.
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