Madhya Pradesh High Court
Sandeep vs The State Of Madhya Pradesh on 20 January, 2025
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
NEUTRAL CITATION NO. 2025:MPHC-IND:1349
1 MCRC-43846-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 20th OF JANUARY, 2025
MISC. CRIMINAL CASE No. 43846 of 2024
SANDEEP
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Arpit Yadav - Advocate for the petitioner.
Shri Shashank Sharma - P.L for the respondent/State.
ORDER
This petition under Section 482 of the Code of Criminal
Procedure, 1973 has been preferred for quashment of FIR bearing Crime
No.08/2022, dated : 6/1/2022 registered at Police Station Mahila Thana,
Indore, District Indore against the petitioner for the offences punishable
under Sections 3, 4, 5, 6 and 7 of the Immoral Traffic (Prevention) Act,
1956 and subsequent criminal proceedings of RCT No.1226/2022,
pending before the Court of JMFC, Indore , Distt Indore.
2. Brief facts giving rise to this petition are that on 06.01.2022 at
about 21:22 hours, after receiving a secret information that prostitution is
being carried out in Vijaynagar area at Atoms Salon and Skin Clinic,
SHO Police Station Mahila Thana, Indore, Jyoti Sharma alongwith other
police officials, Panch-witnesses and Punter carried out a raid at the
Signature Not Verified
Signed by: PRAMOD
KUSHWAHA
Signing time: 20-01-2025
17:28:21
NEUTRAL CITATION NO. 2025:MPHC-IND:1349
2 MCRC-43846-2024
premises referred to above. During the course of raid, co-accused and a
lady; co-accused Valalakh were found in room no.1 of the spa center in
compromising position. In other rooms, other co-accused persons were
also found in compromising position, while co-accused persons Chandni
and Sanjay were found sitting on the counter. On inquiry, it was found
that co-accused persons; Chandni and Sanjay were the in-charge of the
premises and carrying out the prostitution. Mobile phones and other
articles were seized from the possession of other co-accused persons and
after completion of investigation, charge- sheet was filed against the
petitioner for the offences punishable under Sections 3, 4, 5, 6 and 7 of
the Immoral Traffic (Prevention) Act,1956.
3. Learned counsel for the petitioner submits that under the
scheme of Immoral Traffic (Prevention) Act, 1956, sexual exploitation
or abuse of a person for commercial purpose and to earn the bread
thereby keeping or allowing a premise as brothel and also when a person
is carrying on prostitution in a public place or when a person is found
soliciting or seducing another person are not punishable. There is no
such allegation against the petitioner. There is nothing to show that the
petitioner exercised control, direction or influence over the lady’s
involvement in the way, which can be shown to be aiding or abetting her
sex work. Mere visiting the house of sex worker as customer cannot be
presumed to be living on earning of sex workers. No offence is made out
against the petitioner, and therefore, the FIR lodged against the petitioner
Signature Not Verified
Signed by: PRAMOD
KUSHWAHA
Signing time: 20-01-2025
17:28:21
NEUTRAL CITATION NO. 2025:MPHC-IND:1349
3 MCRC-43846-2024
as well as subsequent criminal proceedings pending against him are
liable to be quashed.
4. To bolster his submissions, learned counsel for the petitioner
has relied upon the judgements passed by the High Court of Gujarat in
the case of Vinod @ Vijay Bhagubhai Patel Vs. State of Gujrat [2017
SCC Online Guj 446 : (2017) 58 (4) GLR 2804] and order passed by the
High Court of Telangana & Andhra Pradesh in the case of Genka Sajan
Kumar Vs. State of Andhra Pradesh in Cr. Petition No. 4161 of 2014 and
in the case of Z.Lourdiah Naidu & anr. Vs. State of Andhra Pradesh in
Cr. P. No.408 of 2011.
5. Learned counsel for the applicant submits that in the case of
identically situated accused Naman, this Court has already quashed the
FIR and subsequent proceedings after considering various judgments in
M.Cr.C No.34970/2022 by order dated 19.12.2022.
6. Learned counsel for the respondent/state does not dispute the
fact that in the case of Naman, the FIR and the criminal proceedings has
been quashed. The allegation in the said case against the accused Naman
was that he was only a customer and therefore, it cannot be presumed to
be living or earning of sex workers. It is alleged against the applicant is
that he was a customer in waiting.
7. In the light of the order passed by co-ordinate bench in M.Cr.C
No.34970/2022 in the case of Naman, this Court is of the view that the
case of the applicant is on better footing and therefore, the present
Signature Not Verified
Signed by: PRAMOD
KUSHWAHA
Signing time: 20-01-2025
17:28:21
NEUTRAL CITATION NO. 2025:MPHC-IND:1349
4 MCRC-43846-2024
petition is allowed. FIR bearing Crime No.08/2022, registered at Police
Station Mahila Thana, Indore, District Indore against the petitioner for
the offences punishable under Sections 3,4,5,6 and 7 of the Immoral
Traffic (Prevention) Act, 1956 and subsequent criminal proceedings of
RCT No.1226/2022, pending against him before the Court of JMFC,
Indore, Distt Indore. is hereby quashed.
(VIJAY KUMAR SHUKLA)
JUDGE
PK
Signature Not Verified
Signed by: PRAMOD
KUSHWAHA
Signing time: 20-01-2025
17:28:21
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