A criminal petition had been filed by an individual under Section 482 of the Cr.P.C to quash the FIR registered against the petitioner. The FIR was registered by the Chennai Police for the offences punishable under Sections 3 (2) a, 4 (1), 5 (1) a & 5 (1) d of The Immoral Traffic (Prevention) Act, 1956 and 370 A (2) of the Indian Penal Code, 1860.
The Police had raided a massage center which was allegedly a brothel. The petitioner was also present along with the sex workers and was apprehended. The petitioner argued that firstly the allegations against the petitioner are not true. Secondly, even if they are true, doing sex work is not illegal, only running a brothel is. Therefore, the petitioner cannot be penalized for the offenses.
It was further argued that the petitioner is not the accused as per the FIR, however, it has been stated in the alteration report that the petitioner was present during the raid along with the sex workers. The contentions of the report are false. Further, the act of the petitioner also cannot be said to be an act of pressurizing the sex workers to commit acts, in which they were not interested.
The High Court relied on the judgment of the Apex Court in the case of BUDHADEV KARMASKAR Vs. THE STATE OF WEST BENGAL & ORS wherein it has been held that the sex workers should not be arrested or penalized while raiding a brothel, as only running of the brothel is unlawful. It further observed:
“In the case on hand, merely because the petitioner was in the place, which is alleged by the respondents to be a brothel being run by some person, the petitioner cannot be fastened with any penal consequence………From the aforesaid decision, any sex worker, being an adult and indulging in sexual act with his/her own consent, the police authorities should refrain from taking action against such individuals. From the facts, as is evident from the FIR and the alteration report, there is no whisper about any coercion on the sex workers to commit the act, more so from the petitioner”
Therefore, in light of the above, the FIR against the petitioner was quashed.
Case: Udhaya Kumar vs The State and Others
https://www.mhc.tn.gov.in/judis/index.php/casestatus/viewpdf/658791