BIRMATI Vs. STATE OF HARYANA

JUDGEMENT

(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:-

(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.