Overview
- Justice Amit Mahajan, in an October 16 order under Section 482 CrPC, set aside FIR No. 162/2008 registered at K.M. Pur and all consequential proceedings.
- The case stemmed from a December 31, 2007 clash at Sewa Nagar Market, where Kishwar was documenting alleged encroachments for Manushi when the Basoya family later accused her under IPC sections 307, 323, 506 and 34.
- The court said that even taking the complainant’s allegations at their highest, the episode could at most be viewed as self-defence or an altercation once the complainant’s group had formed an unlawful assembly.
- A trial court had convicted members of the Basoya family in 2019 for rioting and assault in the same incident, with medical evidence corroborating injuries to Kishwar and her driver.
- The High Court concluded that continuing the 2008 case would be an abuse of process, characterizing the FIR as a vengeful response to Kishwar’s earlier complaint.