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In an order passed on October 16, Justice Amit Mahajan said that the complaint against Kishwar appeared to be a retaliatory move by the Basoya family, who had earlier been convicted in a case filed by Kishwar over the same incident.
The FIR against Kishwar was registered in 2008 over an incident that took place on December 31, 2007, in Delhi’s Sewa Nagar Street Vendors’ Market, Bar and Bench reported.
Kishwar, who runs the human rights organisation Manushi, had alleged that the Basoya family runs a string of illegal businesses in the area.
According to her, the incident occurred while she was photographing illegal encroachments in the market.
The Basoyas, however, alleged that Kishwar had instructed her driver to run them over with a car during an argument over shop allotments, according to Bar and Bench.
They also alleged that Kishwar and her associates assaulted them, causing serious injuries.
Based on this complaint, Kishwar was booked under sections of the Indian Penal Code pertaining to attempt to murder, voluntarily causing hurt, criminal intimidation and common intention.
However, Kishwar had filed an FIR earlier alleging that the Basoyas and their relatives had attacked her and her driver while she was photographing the illegal encroachments.
A trial court later convicted members of the Basoya family in that case in 2019, PTI reported.
After considering the matter, the High Court ordered the case against Kishwar to be quashed.
It observed that even if the complainant’s allegations “are taken at the highest”, the incident could at best be seen as self-defence or an altercation.
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