Case Note & Summary
The applicant, Dharmik Kiranbhai Lakhani, filed a criminal miscellaneous application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. A-11210065241003 of 2024 registered with Utran Police Station, Surat, for offences under Sections 3, 4, 5, 7 of the Immoral Traffic (Prevention) Act, 1956; Sections 144(2), 61(2) of the Bharatiya Nyaya Sanhita, 2023; and Sections 14(A), 14(C) of the Foreigners (Amendment) Act, 2004. The applicant also sought quashing of the charge sheet and proceedings in Criminal Case No. 80 of 2025 pending before the learned JMFC, Muni. Court, Surat. The case arose from a police raid based on secret information, during which the applicant was arrested as a customer. The applicant contended that he was merely a customer and had not procured or attempted to procure any woman for prostitution. The learned advocate for the applicant relied on the decision of the Gujarat High Court in Vishal Bhikhabhai Chavda v. State of Gujarat [2025 (o) AIJEL HC 252088], arguing that the case was squarely covered. The court, after hearing the learned APP for the State, found that the applicant was only a customer and that the provisions of the Immoral Traffic (Prevention) Act, 1956, under which the FIR was registered, do not apply to customers. The court held that continuing the proceedings would be an abuse of the process of law. Consequently, the court allowed the application, quashed the FIR, charge sheet, and all consequential proceedings. Rule was made absolute.
Headnote
A) Criminal Law - Quashing of FIR - Section 482 CrPC - Customer of Prostitution - The applicant, a customer, was arrested during a raid. The court quashed the FIR, holding that a customer is not covered under Sections 3, 4, 5, 7 of the Immoral Traffic (Prevention) Act, 1956, which are aimed at traffickers and procurers. The court relied on Vishal Bhikhabhai Chavda v. State of Gujarat. (Paras 1-5) B) Immoral Traffic (Prevention) Act, 1956 - Sections 3, 4, 5, 7 - Interpretation - The court interpreted that these sections do not penalize customers of prostitution. The act targets those who procure, traffic, or exploit women for prostitution, not the customers. (Paras 3-5)
Issue of Consideration
Whether a customer of prostitution can be prosecuted under Sections 3, 4, 5, 7 of the Immoral Traffic (Prevention) Act, 1956, and whether the FIR against the applicant-accused is liable to be quashed.
Final Decision
The application is allowed. The FIR being CR No. A-11210065241003 of 2024 registered with Utran Police Station, Surat, the charge sheet and the proceedings of Criminal Case No.80 of 2025 pending before the learned JMFC, Muni. Court, Surat, are quashed and set aside. Rule is made absolute.
Law Points
- Customer of prostitution not liable under Sections 3
- 4
- 5
- 7 of Immoral Traffic (Prevention) Act
- 1956
- Quashing of FIR under Section 482 CrPC
- No prima facie case against customer
