- (1.) This order will dispose of four petitions, i.e. Crl. Misc. No. 20986 of 2011 filed by Birmati under Section 438 Cr.P.C., Crl. Misc. No. M-21776 of 2011 filed by Sunita under Section 438 Cr.P.C., Crl. Misc. No. M-21842 of 2011 filed by Saina Mirza under Section 438 Cr.P.C. and Crl. Misc. No. M-32917 of 2011 filed by Ramesh Aggarwal under Section 438 Cr.P.C., in case FIR No. 479 dated June 9, 2011.
(2.) The abovesaid FIR No. 479 was registered at the instance of Kashmiri Lal resident of Panipat to the Superintendent of Police, Panipat. The contents of the FIR which was registered on the basis of his compliant to SP, Panipat, reads as follows:- To Superintendent of Police, Panipat. Subject:- Application for fair investigation in FIR No. 418 dated 23.5.2011 under Section 376/506 IPC, Police Station Samalkha, District Panipat. Sir, it is prayed that I Kashmir Lal son of Late Sh. Ram Narain caste Aggarwal, am the resident of House No. 3049, New Housing Board Colony, Panipat. I am having the business in Samalkha and having a thread factory. I am having two sons. My elder son Rakesh is married, whereas younger is unmarried. My elder son is with me in the business whereas younger son is serving in foreign. I am aged about 60 years. About 50-60 employees are working in my factory including women. On dated 5.4.2011 a lady namely Pooja called me on my mobile No.98124-44100 from her mobile No. 96718- 90863 and said that she wants some girls to be employed in my factory. On that I said that I am sufficient employees. So, I can not give job to any one. But after some time, one lady namely Kusum who was having a child in her lap alongwith another woman came to my factory. Other lady disclosed her name as Heena. Both of them said that Pooja had sent them. Heena was saying again and again that she is a poor lady and she is in dire need of money. Immediately, I rang up Pooja and asked her that why had she sent these women even after my refusal. Upon which, she replied in a threatening manner that I need not talk too much and she knows how to get her work done. After 14-15 days, I again received a call from Pooja and after she disconnected the phone I again called her. Thereafter, a few days, I received a missed call from Pooja and I talked to her about this by calling her. After about a month, I received a missed call on my mobile phone from phone No. 072069-84726 and upon my calling back on that no., the woman told her name to be Kusum and requested me to keep her on a job and she gave her second number as 89509-31552. After that, I received missed call from that number. I called her back on that number and told her not to ring me up. On 22.5.2011, she took Rs.500/- as an advance from me and told me she would come to my factory for work. On the same day in the evening, my son Rakesh received a telephone from that lady and she alongwith many other ladies came to my factory alongwith two criminal typed persons whose names were told to be Pale Ram and Suresh to talk. All these persons told to my son to either give Rs.5 lacs to Kusum otherwise they will involve me in a false case of rape and spoil my image in the society. They again and again threatened that they will not allow us to live in the society by spoiling our image in the society through newspaper and TV. We flatly refused to give the money and upon which the aforesaid persons in conspiracy with a view to extract money got registered an FIR No. 418 dated 23.5.2011 under Section 376/506 IPC at Police Station Samalkha. Sir, I belong to Bania community and my character can be verified from the peoples of city. I am a person of unblemished character, but Birmati, Kusum and their colleagues Sunita, Saina Mirza, Pale Ram and other persons have made mine and my family life hell and they are blackmailing me by demanding Rs.5 lacs. Under pressure and to save my image, on 23.5.2011, in the evening, I gave Rs.1 lac to a woman named Sunita. We do not want to give any money to these people. These people are trying to blackmail me and spoil my image in various ways and I can give proof regarding the same to you. I have come to know that the woman namely Kusum had already got some false cases registered. So it is prayed to you that the above mentioned may kindly be fairly investigated and legal action be taken against the accused persons. Sd/-Kashmiri Lal.
(3.) Counsel for petitioner Sunita has contended that as a matter of fact, the complainant had committed an offence of rape against Kusum and an FIR was registered as FIR No. 416 of May 23, 2011 under Sections 376, 506 IPC at Police Station, Samalkha. The complainant had tried to get the matter compromised with Kusum and he approached many respectables of the Society and the petitioner Sunita is an active social worker. She was approached by the complainant through one Saroj Taluja, a human right activist. She was told that some ladies were tried to falsely implicate the complainant Kashmiri Lal. The petitioner agreed to Assist Saroj Taluja but when the petitioner came to know that Kusum was subject to sexually assaulted, which was explained by Kusum herself, the petitioner refused to help the complainant as such the complainant, in order to pressurize, lodged FIR against Kusum and few other ladies including the petitioner. It has been claimed that she has got no connection with Kusum. It has been claimed that it was complainant himself who had contacted her on her mobile and request her to help him in getting out of the criminal case registered against him under Section 376 IPC. The petitioner agreed to help him in case in case the complainant had been falsely involved. Since the complainant had actually committed rape, the petitioner refused herself and has been involved in the present case falsely.;