Delhi High Court Quashes FIR Against Prof. Madhu Kishwar, Citing Malicious Intent

Court dismisses counter FIR as abuse of legal process, highlights the misuse of criminal law machinery due to personal vendetta.

In a notable decision, the Delhi High Court has quashed an FIR filed against Prof. Madhu Kishwar, observing that it was registered with malicious intent as a counterblast to an earlier case. The judgment, delivered by Justice Amit Mahajan, underscores the abuse of legal proceedings when criminal complaints are lodged out of personal grudges.

The FIR in question, No. 162/2008, was filed at Police Station KM Pur for offenses under various sections of the Indian Penal Code (IPC). It alleged that Prof. Kishwar attempted to harm the complainant by instructing her driver to run over the complainant with a car. The FIR also included accusations of physical assault by Kishwar and her associates.

However, the court noted that this complaint was a retaliatory measure against an earlier FIR (No. 666/2007) initiated by Prof. Kishwar against the complainant and others. The earlier FIR resulted in the conviction of the complainant and her associates for forming an unlawful assembly and causing injuries to Prof. Kishwar, which was upheld by the trial court.

Justice Mahajan highlighted that the prior conviction of the complainant demonstrated the malicious intent behind the subsequent FIR. The court emphasized that the criminal law machinery should not be used as a tool for personal vendetta, and such actions constitute an abuse of the judicial process.

The court's decision aligns with principles established in landmark cases like "State of Haryana v. Bhajan Lal," where the Supreme Court laid down guidelines for quashing FIRs if they are found to be motivated by personal grudges or malice.

This ruling reaffirms the judiciary's role in preventing the misuse of legal processes and ensuring that justice is not subverted by personal agendas. The judgment serves as a reminder of the court's power to intervene in cases where the legal process is being manipulated to settle personal scores.

Bottom Line:

FIR quashing - FIR registered as a counterblast to an earlier FIR, which resulted in conviction - Conviction of the complainant in the earlier FIR due to forming unlawful assembly and causing injuries to the petitioner establishes malicious intent behind the later FIR - Abuse of process of court when criminal law machinery is set in motion due to personal grudge.

Statutory provision(s):  

- Indian Penal Code, 1860: Sections 147, 149, 323, 341, 506, 509  

- Criminal Procedure Code, 1973: Section 482

Prof. Madhu Kishwar v. State of N.C.T. of Delhi, (Delhi) : Law Finder Doc Id # 2800071