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Synopsis

The Allahabad High Court recently quashed criminal proceedings against a man booked under human trafficking and immoral trafficking charges, ruling that the allegations did not attract the relevant provisions of law.

A raid was conducted on May 20, 2024, at the Allora Thai Spa Centre in Noida. Acting on secret information, the police discovered individuals engaged in prostitution and subsequently registered an FIR against the spa’s owner and a customer under Section 370 of the IPC and Sections 3, 4, 5, and 6 of the Immoral Traffic (Prevention) Act, 1956. The customer was reportedly found in a compromising position with a woman inside the spa, and aphrodisiac substances were seized from the premises.

The customer later moved the high court, seeking to quash the proceedings initiated against him. His counsel argued that he was neither the owner nor an operator of the spa and had no role in enticing women into prostitution. At most, he was a customer who had engaged in a consensual act, which did not fulfill the legal ingredients of human trafficking or procurement for prostitution under the cited provisions.

The state opposed the plea, contending that the customer was arrested at the scene, and the woman’s statement implicated him. However, the court noted that the prosecution had not alleged coercion or trafficking in the customer’s case. Citing previous judgments, it observed that customers engaging in consensual acts do not fall under the purview of the Immoral Traffic (Prevention) Act.

The bench of Justice Vinod Diwakar, after examining the records and arguments, concluded that the charges against the customer were unsustainable. He emphasized that the woman in question was neither a complainant nor a police witness, further weakening the prosecution’s case.

Accordingly, the high court quashed the summoning order issued by the magistrate on October 5, 2024, along with all related proceedings in the case. 

Case Title: Vipul Kohli vs. State Of U.P. And 2 Others