Yashmin Nushrath vs State of Tamilnadu - 2026 Supreme(Online)(Mad) 37907

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Advocates:
For the Appellants/Petitioners: Mr.N.Mohan
For the Respondents:Mr.M.Sakthi Kumar, Government Advocate (Crl. side)

Table of Content
1. fir alleges prostitution based on decoy conversation without evidence. (Para 2 , 4 , 5)
2. petitioner urges quashing for procedural lapses; state defends prima facie case. (Para 6 , 7 , 8 , 9 , 10)
3. section 15 directory; requires prejudice for vitiation. (Para 12 , 13 , 14 , 15 , 17 , 18)
4. uncorroborated suspicion insufficient; fir quashed under bhajan lal. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25)

ORDER

Preface:

The present Criminal Original Petition invites this Court to exercise its inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to interdict the criminal proceedings at the threshold. The petitioner seeks quashment of an FIR registered under the provisions of the Immoral Traffic (Prevention) Act, 1956 (hereinafter “ITP Act”) and the Bharatiya Nyaya Sanhita, 2023.

2. The case brings into sharp focus the delicate balance between two competing considerations:

(i) the need to prevent abuse of criminal process where allegations are founded merely on suspicion or procedural illegality;

and (ii) the settled restraint that Courts must exercise at the stage of investigation, particularly in offences touching upon societal morality an