- (1.) This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of criminal complaint No. 512 titled as "Smt. Kusum Gupta v. Vipin Aggarwal and others" (Annexure P-1), summoning order dated 8.03.2008, passed by the JMIC Faridabad (Annexure P-2) and the order framing charge/charge-sheet dated 17.09.2008, passed by the Additional Sessions Judge, Faridabad (Annexure P-3), and all consequential proceedings arising therefrom. Brief facts of this case are that on 13.10.2005 S.I. Narayan Singh alongwith Constable Sanjay Kumar No. 111, driver Dharambir Singh No. 684 were on patrolling duty in a Govt. vehicle and were present near the Vatika when Smt. Kusum Gupta and Sh. Madan Pal Nagar, Advocate came present and Smt. Kusum Gupta gat her statement recorded which is as under "I am resident of above said address and I am in business of buying and selling of shares. My husband expired on 15th August 2003. I have one son Nitain aged 23 years and one daughter Neha aged 17 years. I was in business for nearly 2 months from 21.06.2005 in the office of Bonanza Portfolio opposite Bata Chowk, Sector 11. The owner of the office is Vipin Aggarwal, who has an office in Delhi also. In this office Kapil Uppal is the Branch Manager, Smt. Kiran Shukla, Smt. Parul Sharma and Sanjay Shukla and other persons also work in this office. During my tenure, in the month of July, I gave one cheque of Rs. 30,000/- and one cheque of Rs. 40,000/- and one cheque of Rs. 50,000/- to Kapil Uppal for purchasing shares. And my cheque of Rs. 50,000/- bounced, so I gave Rs. 50,000/- in cash to Kapil Uppal. On 1.02.2005, I got my FD encahsed pre-maturely from Escort Nagar Post Office, and gave Rs. 1,20,000/- more to Kapil Uppal to purchase more shares. Two three times I asked Vipin Aggarwal and Branch Manager Kapil Uppal to clear my accounts regarding my shares. Nearly a week earlier, Kapil gave me Rs. 5,000/- in cash and gave a cheque of about Rs. 23,500/-. Yesterday on 12.10.2005, I received a call on my mobile phone No. 9911122364 from Vipin Aggarwal Branch owner Delhi from his phone, between 9:05 P.M. to 9:15 P.M. who said "come tomorrow on 13.10.2005, I will be coming to the office in Sector-11 after 4:00 P.M.". On 13.10.2005 I reached their office about 4.15 P.M., I found Kapil Uppal, Vipin Aggarwal, Kiran Shukla, Parul Sharma, Sanjay Shukla were already there. As they started talking about the accounts, Kiran Shukla snatched the mobile phone from my hand and as I stated to walk out, Kapil Uppal bolted the door. Kiran Shukla covered my mouth by her hand from behind and caught hold of me and Parul Sharma caught hold of my right hand and Kail caught hold of my left hand and then pushed me down on the floor. Then Vipin Aggarwal broke the "Nara" of my "Salwar" and took the "Nara" out of it. And the Vipin Aggarwal forcibly removed my "Salwar" and then did wrong deed with me against my wishes. Then Vipin Aggarwal stood up and caught hold of my left hand which Kapil was holding, and then Kapil Uppal did wrong deed with me against my wishes. And my "Nara" was also not returned to me. I pinned up the "Salwar" with the safety pin after taking it out from my Dupatta. I was kept inside for a long time and I kept lying on the ground. And then when it grew dark, Parul Sharma opened the back gate, and Kapil Uppal, Vipin Aggarwal, Kiran Shukla left the office and Sanjay Shukla stood up holding a revolver and kept it by the side of my ear and asked me not to tell anybody about this otherwise I would be shot and that I should go straight homo. After getting released from the clutches of these monsters/persons, I in a state of shock reached near the G.T. Road, Bata Chowk, where I met Sh. Madan Pal, Advocate. I then accompanied by the Advocate went to lodge a report. As the accused persons forcibly raped me, I suffered abrasions and swelling on my both hands, knees and on the waist. Legal action be taken against the accused persons.
(2.) The case as it unfolds from the documents on record is that the accused petitioners are running a share trading company in the name and style of M/s. Bonanza Portfolio Ltd. The prosecutrix opened an account with the said company for trading in shares, the same being account No. 181, one Madan Pal Nagar Advocate who has been examined by the prosecutrix as a witness also opened an account with the company of the petitioners on the same date viz. account No. 180. After having delved in share trading, the prosecutrix and Madan Pal Nagar Advocate apparently suffered losses and were pressing upon the petitioners to make good their losses.
(3.) On 13.10.2005, F.I.R. No. 382 was got registered at Police Station Sector-7, Faridabad for the offences under Sections 376, 342, 506/34 I.P.C. and section 25, 27 of the Arms Act by the prosecutrix on the allegations that she had been called by Vipin Aggarwal to his office in Faridabad on 13.10.2005 to settle the matter. On her reaching there at about 4.15 P.M., she found the petitioners present in the office alongwith Parul Sharma, Kiran Shukla and Sanjay Shukla. As they started talking about the accounts, Kiran Shukla snatched the mobile phone of the prosecutrix, whereas the petitioner No. 2 bolted the door, Kiran Shukla covered her mouth from behind and caught her, Parul Shukla also caught her from the right hand and with their help petitioner No. 2 pushed her down on the ground. Then petitioner No. 1 Vipin Aggarwal broke the string of her salwar and committed rape upon her, whereafter, petitioner No. 2 committed rape, while petitioner No. 1 held her hand. She was let off later and immediately on coming out Madan Pal Nagar Advocate met her, who helped her to lodge the report.;