MANISHA BATRA, J.

(Oral)

1. Through the present revision petition, the petitioners seek setting aside of the order dated 06.02.2018 passed by the Court of learned Judicial Magistrate First Class, SAS Nagar, Mohali in case arising out of FIR No. 80 dated 20.09.2015, registered under Sections 3, 4 and 5 of Immoral Traffic (Prevention) Act, 1956 (for short ‘IT Act’) and Sections 384 and 120-B of IPC at Police Station Banur, whereby charges for commission of offences punishable under Sections 3, 4 and 5 of the IT Act and Section 384 read with Section 120-B of IPC have been framed against petitioner No. 2, whereas charge under Section 384 of IPC was framed against petitioner No.1.

2. Brief facts of the case relevant for the purpose of disposal of this petition are that the aforementioned FIR was originally registered on the basis of the statement made by petitioner No. 2 alleging therein that on 19.09.2015, after reaching Sector 43, Chandigarh, at about midnight, she was waiting for an auto to go to her husband at Baltana, Zirakpur. In the meanwhile, two young persons came on a red motorcycle and offered to drop her there. They took her to an empty house at Banur, where they forcibly took her inside and closed the gate. They made her drink liquor and forcibly established physical relations with her without her consent. One of them, while making a telephone call, disclosed his name as Mandeep Singh and asked somebody to come to his new house. After about half an hour, three more persons came there and they also established physical relations with her one after another without her consent. She raised alarm but one of them closed her mouth and threatened to kill her. She thereafter became unconscious. On regaining consciousness, she found the house locked from outside. She jumped over the boundary wall and, on inquiry from an old man, came to know that the house belonged to Mandeep Singh. She then went to the police and requested action against Mandeep Singh and four other persons. On the basis of the statement of , FIR No.80 dated 20.09.2015 was initially registered under Sections 376-D and 342 IPC against Mandeep Singh and four unknown persons.

3. During investigation, however, the police took a different view of the occurrence. As per the case subsequently set up in the challan, in fact had accompanied the accused persons to Banur and the physical relations were consensual. The investigation further alleged that , in connivance with her husband Rakesh Kumar, Mandeep Kaur, Ajaib Singh and Jagtar Singh, had sought to put pressure upon the accused persons and extort money from their family members by getting a case under Section 376-D IPC registered against them. The police relied upon statements of witnesses as well as video CDs, CCTV footage and call records in support of this version. Consequently, , who had initially approached the police as the complainant, was herself joined as an accused during investigation. The police also alleged that Ajaib Singh had demanded money from the family members of the accused persons for getting their names deleted from the rape case. It was found that he had demanded an amount of Rs.4 lakhs from the mother of Parvinder Singh and had received Rs.1 lakh from his sister and Rs.5,000/- from Rakesh Kumar. The police ultimately presented challan against , Ajaib Singh and the other accused persons for offences under Sections 3, 4 and 5 of the IT Act and Sections 384 and 120-B IPC. Subsequently, vide order dated 06.02.2018, charges under Sections 120-B, 384 of IPC and under Sections 4 and 5 of the IT Act were framed against the petitioner No. 2, whereas charge under Section 384 of IPC was framed as against petitioner No. 1. The petitioners had filed applications seeking discharge but the same had been dismissed by the learned trial Court.

Aggrieved thereof, the petitioners have filed this petition.

4. It is argued by learned counsel for the petitioners that the impugned order