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New Delhi: The Delhi High Court has quashed a 17-year-old attempt to murder case registered against social activist and academic Professor Madhu Kishwar, saying the FIR appeared to be a “maliciously motivated counter-attack” on the earlier case, which had resulted in the conviction of the complainant.
Allowing the plea filed by Professor Kishwar under section 482 of the Code of Criminal Procedure (CrPC), a single-judge bench of Justice Amit Mahajan said that continuing the criminal proceedings registered at KM Pur police station for offenses under sections 307, 323, 506 and 34 of the Indian Penal Code would amount to “abuse of the process of court”.
Justice Mahajan found that the 2008 FIR filed by the complainant was a retaliatory move against the earlier case filed by Professor Kishwar, arising out of the same incident on December 31, 2007.
The Delhi High Court said, “The subject FIR appears to be a maliciously motivated retaliatory attack on FIR No. 666/2007 in the nature of defense and to take vengeance on the petitioner.” It also emphasized that the complainant in the present case has already been convicted in 2019 in connection with the same dispute.
The trial court had found that the complainant and his associates had formed an “unlawful assembly” and attacked Professor Kishwar and his driver Sheeshpal while they were documenting illegal encroachment in the area. It recorded that solid evidence was produced showing the complainant’s involvement in violent conduct and said, “There is evidence to show that each of the accused persons including respondent No. 4 actively participated in the use of criminal force against the petitioner with the aim of preventing the petitioner from clicking photographs and obstructing the illegal encroachment of the accused persons.”
The trial court had concluded that the acts of the accused persons amounted to rioting and assault, with medical evidence corroborating the injuries sustained by the victims.
In light of the above findings, the Delhi High Court held that no legitimate legal purpose would be served by reviving or continuing the 2008 proceedings. Justice Mahajan said, “In such a factual background, triggering the criminal law machinery merely because the complaint discloses the commission of a cognizable offense would amount to an abuse of the process of the court.”
He further said: “Even if the allegations of the complainant are taken at the highest level, considering the conviction of the complainant in a case arising out of the same incident, it can be considered as self-defence or a brawl at that stage when the complainant has formed an unlawful assembly and caused injury to the petitioner and another person while they were performing some task assigned to them.”
The Delhi High Court, relying on several landmark judgments of the Supreme Court, concluded: “In view of the above, the present petition is allowed. Accordingly, FIR 162/2008 and all consequential proceedings arising therefrom are quashed.”
–IANS