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, registered at Police Station Mahila Thana, Indore against the applicants 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. Counsel for the applicants submits that the case of the applicants is identical to the case of co-accused Naman and Sanskar. In their cases, this Court has already quashed the criminal proceedings.

3. Counsel for the State was granted time to examine whether the case of the applicants is identical to the case of those accused persons or not. Counsel for the State though opposes the prayer, but fairly submits that the present accused is identical to the case of co-accused Naman and Sanskar.

4. 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 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 who 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 applicants for the offences punishable under Sections 3, 4, 5, 6 and 7 of the Immoral Traffic (Prevention) Act,1956.

5. Learned counsel for the applicants 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 applicants. There is nothing to show that the applicants exercised control, direction or influence over the lady's ovement 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 applicants as well as subsequent criminal proceedings pending against them are liable to be quashed.

6. To bolster his submissions, learned counsel for the applicants has relied upon the judgements passed by the High Court of Gujurat in the case of Vinod @ Vijay Bhagubhai Patel Vs. State of Gujurat [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.

7 . In the light of the order passed by co-ordinate bench in M.Cr.C No.34970/2022 in the case of Naman and in MCRC No.40360/2023 in the case of Sanskar, this Court is of the view that the case of the applicants are on better footing and therefore, the present petition is allowed. FIR bearing Crime No.08/2022, registered at Police Station Mahila Thana, Indore against the applicants - Vivek S/o Jagdish Namdev and Varun S/o Gulab Chandra Yadav for the offences punishable under Sections 3, 4, 5, 6 and 7 of