17 years on, attempt to murder case against Madhu Kishwar quashed by Delhi HC

“Even if the allegations of the complainant are taken at the highest, considering the complainant’s conviction in a case arising out of same incident, the same can at best be considered as a self defence or an altercation… when the complainant formed an unlawful assembly and caused injuries to the petitioner and another person when they were carrying out certain functions assigned to them,” Justice Mahajan observed, while setting aside the criminal proceedings.

An FIR was lodged in 2008 at KM Pur police station for offences under IPC sections 307 (attempt to murder), 323 (grievous hurt), 506 (criminal intimidation) and 34 (common intention). The complainant had alleged that she and her sons were cheated by Kishwar on the pretext of allotment of shops in Seva Nagar Model Market. When the complainant had demanded her money back, Kishwar had allegedly instructed her driver to run over her.

When the complainant’s son and grandson had come to her aid, they were allegedly beaten up. Kishwar, however, had argued that the FIR was a counterblast to an FIR she had lodged in 2007 for unlawful assembly.

According to Kishwar, she was authorised to monitor civil discipline in the area and report unauthorised construction. Kishwar had alleged that a certain area had been taken over illegally by a gang which was headed by the son of the complainant, due to which the complainant had a vested interest against the petitioner.
Kishwar also alleged that she was assaulted by the complainant and others. The case resulted in conviction of the complainant in 2019.

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