- 1 - NC: 2025:KHC:9223 CRL.P No. 7410 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 7410 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. RAGESH P @ RAKESH S/O KUMARAN, AGED ABOUT 38 YEARS, PANIKKAL HOUSE, NELLIKODE POST, KUTHIRAVATTAM, KOZHIKODE DISTRICT, KERALA STATE-673 016. 2. BAIJU S/O PARADY GOPALAN NAIR, AGED ABOUT 49 YEARS, KEERTHI NIVAS, CHELEMBRA POST, MALAPPURAM DISTRICT, KERALA STATE-673 634. 3. SHINU MON J G S/O GOPINATHAN, AGED ABOUT 46 YEARS, CHAPPIAKUNNATH HOUSE, NADERI POST, ARIKKULAM, KOZHIKODE DISTRICT, KERALA STATE-673 620. 4. PRATHEESH M @ PRADISH S/O PRABHAKARAN, AGED ABOUT 38 YEARS, MADENI THAZHATH HOUSE, IRINGALLUR, GURUVAYURAPPAN COLLEGE, KOZHIKODE DISTRICT, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:9223 CRL.P No. 7410 of 2023 KERALA STATE-673 014. 5. SHAFEEQUE M S/O NAFEESA, AGED ABOUT 33 YEARS, MULLAN MADAYIL HOUSE, MARUTHA, VAZHIKKADAVU, MALAPPURAM DISTRICT, KERALA STATE-679 333. …PETITIONERS (BY SRI. BIJOY M.T., ADVOCATE) AND: 1. STATE OF KARNATAKA BY NANJANGUDU RURAL POLICE STATION IN MYSORE DISTRICT RREPRESNETED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. 2. GOPALAKRISHNA AGED ABOUT 51 YEARS, CIRCLE INSPECTOR OF POLICE, NANJANAGUDU CIRCLE, MYSORE-571 307. MOB NO: 94808 05032. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R-1 & R-2) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR NO.486/2017 (ANNEXURE-A) REGISTERED BY NANJANAGUDU RURAL POLICE AGAINST PETITIONERS AND TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.710/2020 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JUNIOR DIVISION) AND JUDICIAL MAGISTRATE OF FIRST CLASS, NANJANGUDU, MYSORE DISTRICT REGISTERED AGAINST PETITIONER NOS.1 - 3 - NC: 2025:KHC:9223 CRL.P No. 7410 of 2023 TO 5, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3, 4, 5, 6 AND 7 OF THE IMMORAL TRAFFIC (PREVENTION) ACT, IN PURSUANCE OF THE CHARGE SHEET (ANNEXURE-C) FILED BY THE RESPONDENT POLICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners are seeking to quash the FIR in Crime No.486/2017 registered at Nanjanagudu Rural Police Station and consequent proceedings initiated in C.C.No.710/2020 on the file of the Court of Principal Civil Judge (Jr. Dn) and Judicial Magistrate First Class, Nanjangud, Mysuru for offences punishable under Section 3, 4, 5, 6 and 7 of the Immoral Traffic Prevention Act, 1956. 2. Petitioners are arraigned as accused Nos.9 to 13 respectively in the FIR registered on a complaint lodged by the CPI, Nanjangud Circle, Nanjangud. - 4 - NC: 2025:KHC:9223 CRL.P No. 7410 of 2023 3. It is alleged that a raid was conducted on 24.12.2017 at around 4.00 a.m., at one Ranganath Palace residential House, wherein the accused were found running a brothel and they were found trafficking women for prostitution. 4. It is not disputed by the prosecution that the petitioners arraigned as accused Nos.9 to 13 were inducted in the FIR alleging that they were customers. It is not alleged that the petitioners are either the owner of the premises or the persons who took the premises on lease or the persons who secured the victims. 5. Under similar circumstances, this Court in Babu S. Vs. State by Kengeri Police Station decided in Criminal Petition No.2119/2022, allowed the said petition, wherein it is observed that ‘a customer, in a brothel cannot be hauled into criminal proceedings, which is a view taken in plethora of cases’. In the said case, this Court has relied on a decision rendered in Barath S.P. Vs. - 5 - NC: 2025:KHC:9223 CRL.P No. 7410 of 2023 State of Karnataka in Crl.P No.1757/2022 disposed on 24.03.2022. 6. Having perused the material on record and considering the referred judgment relied on by the learned counsel for petitioners, this Court is of the view that the ingredients of the offences alleged are not made out against the petitioners. Proceedings are therefore liable to be quashed. Accordingly, the following: ORDER (i) Petition is allowed. (ii) The entire proceeding in so far as the petitioners/accused Nos.9 to 13 (Accused Nos.7 to 11 as per charge sheet) pending in C.C.No.710/2020 on the file of the Court of Principal Civil Judge (Jr. Dn) and JMFC, Nanjangud, Mysuru is quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 28 Ct:ar