The High Court · 2025

Thi,s Petition coming on for hearing, upon perusing the lvlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri N. Krishna Sumanth, Advocate For the Petitioners and the Sri Jithender Rao Veeramalla, Public Prosecutor on behalf of the Respondent No-1 and None Appeared for the Respondent No.2. The Court made the tbllowing: ORDER ) THE HONOURABLE SMT. JUSTICE JUWADISRIDEVI CRIMINAL PETITION No.2878 o12025 ORDER This Criminal Petition is filed by the petitioners-accused Nos 6, 7, 9, 'l 1 and 12 to quash the proceedings against them in S.C.No.335 of 2024 on the file of the learned Senior Civil Judge- cum-Assistant Sessions Judge, Rangareddy District at Kukatpally. The offences alleged against the petitioners are under Sections 370(4)(2) of the lndian Penal Code (for short 'lPC') and 3, 4, 5 of the lmmoral Traffic (Prevention) Act, 1956 (for short 'the Act').

02. Heard Sri N. Krishna Sumanth, learned counsel for petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for the State

03. ln brief, the case of the prosecution is that the Police, received credible information about running of brothel house and raided the premises of Haven Family Saloon and Spa at Plot No.'1 3-14-16, Kavuri Hills Phase-ll, Madhapur and found that the accused Nos.1 to 4 were organizing brothel house and petitioners-accused Nos.6, 7, 9, 11 and 12 are the customers of the said brothel house 2

04. l.earned counsel for petitioners submitted that the women who were found with petitioners-accused Nos. 6,7,9, 11 and 12, are not a trafficked women and the petitioners are nothing to dc, with the alleged offences. The ingredients of the offence under Sections 370(4)(2) of IPC and 3, 4 and 5 of the Act does not attract to the present case on hand. Thereby, he prayed to quash the r:riminal proceedings against the petitioners.

05. Learned Additional Public Prosecutor for the State submitted that there are specific allegations against the petitioners and the truth or otherwise would come out only after conducting full-fledged trial by the concerned Court below and prayed to dismiss this Criminal Petition.

06. ln view of the above facts and circumstances of the case, it is relevant to extract the provision under Section 370 of IPC: "370. Trafficking of a Person: (1)Whoever, for the purpos€r of exploitation, (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) receives, a person or persons, by- Firstlv-- using threats, or Secondl coercton, or using force, or any other form of Thirdl FoutThl by abduction, or by practising fraud. or deception, or 3 Fifthlv- by abuse of power, or Sixthlv- by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, transported, harboured, transferred or received, commits the offence of trafficking. Explanation 1- The expression "exploitation" shall include any act of physical exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude, or the forced removal of organs. Explanation 2- f he consent of the victim is immaterial in determination of the offence of trafficking. (!)Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine. plWhere the offence involves the trafficking of more than one person, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine. (lWhere the offence involves the trafficking of a minor, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for Iife, and shall also be liable to fine. (flWhere the offence involves the trafficking of more than one minor, it shall be punishable with rigorous imprisonment for a tym which shall not be less than I I 4 fourteerr years, but which may extend to imprisonment for Iife and shall also be liable to fine. (Q/lf a person is convicted of the offence of trafficking of minor on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person'$ natural life, and shall also be liable to fine. (!)\Nhen a public servant or a police officer is involved in the trafficking of any person then, such public servant or police officer shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine."

07. Section 370(4) of IPC reads as under Exploitation of a trafficked person t/i)Whoever, knowingly or having reason to believe that a nrinor has been trafficked, engages such minor for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term whrch shall not be less than five years, but which may extend to seven years, and shall also be liable to fine. (!)Whoexer, knowingly by or having reason to believe that a person has been trafficked, engages such person lbr sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall nc,t be less than three years, but which may extend to five years, and shall also be liable to fine. I 5

08. As per Sections 370 and 370(,4) of lpC, any person by using threat or force or any form of coercion or abduction by practicing fraud or deception or by abusing of power or by inducing can only be termed as a 'trafficked person'. ln the present case, even according to the prosecution, the victims were doing prostitution for the sake of money.

09. Now coming to Sections 3, 4 and 5 of the Act, the provisions in detail are extracted below

3. Punishment for keepinq a brothel or allowing premises to be usedas a brothel. (llAny person who keeps or manages, or acts or assists in the keeping or management of, a brothel shall be punishable on first conviction with rigorous imprisonment for a term of not less than one year and not more than three years and also with fine which may extend to two thousand rupees and in the event of a second or subsequent conviction, with rigorous imprisonment for a term of not less than two years and not more than five years and also with fine which may extend to tvvo thousand rupees. (Z)Any person who- (glbeing the tenant, lessee, occupier or person in charge of any premises, uses, or knowingly allows any other person to sue, such premises or any part thereof as a brothel, or \ \ 6 (!,,lbeing the owner, lessor or landlord of any' premises or the agent of such owner, lessor or landlord, lets the same or any part thereof with the knowleclge that the same or any part thereof is intended to be used as a brothel, or is willfully a party to the use of such premises or any pad thereof as a brothel. Shall be punishable on first conviction with imprisonment for a term which may extend tc, two years and with fine which may exlend to twcl thousand rupees and in the event of a second or subsequent conviction, with rigorous imprisonment for a term which may extend to five years and also with finer. @)Notwithstanding anything contained in any other law for the time being in force, on conviction of any' person 'eferred to in clause (a) or clause (b) of sub- section (2) of any offence under that sub-section in respect of any premises or any part thereof, any' lease c,r agreement under which such premises have been leased out or are held or occupied at the, time of the commission of the offence, shall become void and inoperative with effect from the date of the said conviction. 4. Punishment for living on the earnings of prostitution. (,lAny person over the age of eighteen years whc, knowingly lives, wholly or in part, on the earnings of the prostitution of a woman or girl shall be punishable with imprisonment for a term which may ,t ,] I 7 r extend to two years, or with fine which may extend to one thousand rupees, or with both. @)Where any person is proved- (e,lto be living with, or to be habitually in the company of, a prostitute; or (!,lto have exercised control, direction or influence over the movements of a prostitute in such a manner as to show that such person is aiding, abetting or compelling her prostitution; or /qlto be acting as a tout or pimp on behalf of a prostitute, it shall be presumed, until the contrary is proved, that such person is knowingly living on the earnings of prostitution of another person within the meaning of sub-section (1):Provided that no such presumption shall be drawn in the case of a son or daughter of a prostitute, if the son or daughter is below the age of eighteen years. 5. Procurinq, inducinq or takin o woman or oirl for the sake of prostitution. (llAny person who- (Elprocures or attempts to procure a woman or girl, whether with or without her consent, for the purpose of prostitution; or (D,,linduces a woman or girl to go from any place, with the intent that she may for the purpose of prostitution become the inmate of, or frequent, a brothel; or (Eltakes or attempts to take a woman or girl, or causes a woman or girl to be taken, from one place I / I o (l to anotlrer with a view to her carrying on, or being brought up to carry on prostitution; or @[causr-'s or induces a woman or girl to carry on prostitution; shall be punishable on first conviction with rigr:rous imprisonment for a term of not less than one year and not more than two years and also with fine, which may extend to two thousand rupees. (\ln the event of a second or subsequenl conviction of an offence under this section a person shall be punishable with rlgorous imprisonment for a term of not less than two years and not more than five years and also with fine which may extend to two thousand rupees. @)An offence under this section shall be triable- (e,lin the place from which a woman or girl is procurerJ, induced to go, taken or caused to be taken o" from which an attempt to procure or take such woman or girl is made; or (0,lin the place to which she may have gone as a result ol the inducement or to which she is taken or caused to be taken or an attempt to take her is made.

10. fhe Sections 3, 4, 5 of the Act deals with regard to punishment for keeping a brothel or allowing premises to be used as a brothel, Frunishment for living on the earnings of prostitution; punishment for procuring, inducing or taking women or girl for the sake of prostitution. There are no allegatiorrs against the petitioners that they are running brothel, or they are living on the / / 9 earnings of prostitution, they procured girl for doing prostitution. ln the present case on hand, as per the case of prosecution, the sole allegation against the petitioners-accused Nos.6, 7, 9, 11 and 12 is that they are the customers. Therefore, the allegation against the petitioners does not constitute the offences under Sections 3, 4, 5 of the Act 11 . As seen from the entire case record, the victims joined brothel house and given their willingness to do sex with the customers. Furthermore, at the stage of filing of the FIR or during the course of investigation or through the averments of the charge sheet, the Police could not putforth any material to substantiate that the petitioners had knowledge and/or the reason to believe that the women were trafficked for the purpose of prostitution. Therefore, the ingredients required for constituting the offence under Section 370(AX2) of IPC are not made out against the petitioners.

12. ln view of the above discussion and having considered the fact that the petitioners-accused Nos.6, 7, 9, 11 and 12 had no knowledge that the woman were trafficked for the purpose of prostitution, this Court is of the considered view that the continuation of the proceedings against the petitioners- accused Nos.6, 7, 9, 11 and 12 amounts to abuse of process of t I 10 law, therefore. the proceedings against the petitioners-accused Nos.6, 7, 9, 11 and 12 are liable to be quashed'

13. Ar:cordingly, this Criminal Petition is allowed and the proceedings against the petitioners-accused Nos 6, 7, 9, 11 and 12 in S.C.No.335 of 2024 on the file of the learned Senior Civil Judge-cum-At;sistant Sessions Judge, Rangareddy District at Kukatpally, arr: herebY quashed. As a sequel, pending miscellaneous applications if any, shall stand closed //TRUE COPY// Sd/. A.V.S. PRASAD ASSISTANT REGISTRAR TION OFFICER To, 1 The Senior Civil J udge-cum-Assistant Sessions Judge Cor-rrt' R R District' at KukatPallY 2' The X Additioral [\Ietropolitan Magistrate, Ranga Reddy Distrirl at Kukatpally. 3. The station House officer, Madhapur Police Station, cyberabad District. 4. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT]

5. One CC to Sri N. Krishna Sumanth' Advocate [OPUC] 6. Two CD CoPies kam/gh I I i I i I t I I I I ilIt ;i lt' E I S TAI'€ trE\ 0 5 {lrl ?D?5 y i:' - 'ir i.- i :. '-, " ; -:;- -:;,*.-. HIGH COURT DATED:0410312025 i: -') C ( )/ \ ORDER CRLP.No.2878 ot 2025 ALLOWING THE CRIMINAL PETITION /a /,< fr'sr'<s-