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CRM-M-64805-2025 -1-

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH

(120) CRM-M-64805-2025

Date of Decision: 28.1.2026

Jatin and another ......Petitioners

Versus

State of Punjab and another .....Respondents

CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

Present: Mr. Aditya Anand, Advocate

for the petitioner.

****

KIRTI SINGH , J. (ORAL)

1. The present petition has been filed under Section 528 of the

Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No. 220

dated 21.10.2023, under Sections 3, 4 and 5 of Immoral Traffic (Prevention)

Act, 1956 (for short ‘the Act of 1956’), Sections 177 and 419 IPC and

Sections 14/14-C of Foreigners Act, 1946, registered at Police Station Ranjit

Aveneue, District Police Commissionerate, Amritsar and all other

consequential proceedings arising therefrom including the final/inquiry

report dated 08.10.2024.

2. The brief facts of the case are that on 21.10.2023 SI Amandeep

Kaur received secret information regarding the running of a prostitution

racket at First Care Spa, D-Block, Pizzeria market, Ranjit Avenue, Amritsar,

under the guise of spa business. Subsequently, a raid was conducted at the

said spa centre where several Indian and foreign women as well as the

alleged customers, including the present petitioners, who were minor at the

relevant time, were arrested. The persons, who were managing the affairs of

the said spa centre were taken into custody. The owner of the spa centre

Gurpreet Singh

2026.02.03 09:11

I attest to the accuracy and

integrity of this document

Chandigarh

CRM-M-64805-2025 -2-

surrendered before the learned Court concerned on 26.2.2024, whereafter he

was arrested by the police. After conclusion of investigation, final/inquiry

report dated 08.10.2024 was presented before the learned Juvenile Justice

Board, Amritsar qua the petitioners.

3. Learned counsel for the petitioners submits that the petitioners,

aged 17 and 19 years, respectively have been falsely implicated in the

present case. It is submitted that the petitioners were the customers at the

spa centre concerned, and they were neither the owners, nor were in control

of the spa centre concerned. Moreover, there is no material on record to

suggest that the petitioners were indulged in trafficking the women, who

were allegedly sexually exploited. Furthermore, the petitioners were not

found abusing or exploiting any of the girls employed/working in the spa

centre. It is also submitted that in the FIR as well as in the final/inquiry

report no role has been assigned to the present petitioners. Thus, no case

under the alleged offence, is made out against the present petitioners. It is

also contended that the similarly situated co-accused Sanyam Devgan, has

been exonerated by the police on 25.1.2024 on the basis of an inquiry having

been conducted on an application bearing No. 24 PC/P dated 11.1.2024

moved by the said accused. It is, therefore, prayed that the present FIR

against the petitioners be quashed.

4. Notice of motion.

5. Ms. Guramrit Kaur, DAG, Punjab accepts notice on behalf of

the respondents-State.

6. Learned State counsel opposes the prayer made by the learned

counsel for the petitioners. She states that specific allegations have been

levelled against the petitioners. Moreover, charges against the petitioners

Gurpreet Singh

2026.02.03 09:11

I attest to the accuracy wandere framed on 03.3.2025, and the case is fixed for prosecution evidence

integrity of this document

Chandigarh

CRM-M-64805-2025 -3-

before the learned Juvenile Justice Board, Amritsar.

7. Heard the contentions advanced by the learned counsel for the

parties and perused record with their able assistance.

8. Before proceeding further, it would be apposite to first advert to

settled law with respect to the parameters governing the exercise of

jurisdiction of Section 482 of the Code of Criminal Procedure. In a

celebrated judgment cited as State of Haryana Vs. Bhajan Lal, 1992 SUPP

(1) SCC 335, the Hon’ble Supreme Court has discussed different categories

of cases wherein, the power under S