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Bombay High Court

AMOL KISAN DHATRAKversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

A customer who is not the owner or manager of a premises cannot be held liable under the cited provisions, and the FIR against the applicant must be quashed.

Summary

The applicant, Amol Kisan Dhatrak, was arrested as a customer during a police raid on Yuan Thai Spa & Salon, which was alleged to be operating as a brothel. An FIR was filed under Sections 143(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956. The applicant contended that he was merely a regular member receiving therapeutic massages and not the owner or manager of the premises. The court examined the statements of the masseuses and the charge‑sheet and found no incriminating material linking the applicant to the prohibited acts. Concluding that he was a bona‑fide customer with no nexus to the alleged offenses, the court quashed the FIR and set aside the proceedings against him.

Issues considered

  • Whether a customer of a massage parlour can be held liable under Sections 143(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956.
  • Whether the FIR and charge‑sheet filed against the applicant are maintainable in the absence of any incriminating evidence.
  • Whether the material on record establishes the applicant’s participation in the alleged offensive acts.

Legislation cited

Subjects

  • quash FIR
  • customer liability
  • Bharatiya Nyaya Sanhita
  • Immoral Traffic (Prevention) Act
  • brothel
  • criminal application
  • Maharashtra

Judgment

                                                                       65. CRI APL-564-26.odt


Amberkar

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION


                           CRIMINAL APPLICATION NO. 564 OF 2026

           Amol Kisan Dhatrak                                        .. Applicant
                      Versus
           State of Maharashtra                                      .. Respondent
                                      ....................
            Mr. Niranjan Mundargi a/w Keral Mehta i/by Anusha Pradhan
             Jaibhave, Advocates for Applicant
            Mr. Y.M. Nakhawa, APP for State
            Ms. Rupali Sanap, PSI, Chembur Police Station
                                           ...................
                                          CORAM : MILIND N. JADHAV, J.
                                          DATE          : SEPTEMBER 24, 2026
           P. C.:

           1.       Heard Mr. Mundargi, learned Advocate for Applicant and Mr.

           Nakhawa, learned APP for State.


           2.       The present Application seeks quashing of the FIR i.e. C.R. No.

           616 of 2025 registered with Chembur Police Station, Mumbai on

           receiving the secret information about commission of the offenses

           under Section 143(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023

           (BNS) and Sections 3, 4, 5 & 7 of the Immoral Traffic (Prevention)

           Act, 1956 (for short "said Act").


           3.       Insofar as the crime in question is concerned, there are several

           accused persons. The case of the prosecution is that the subject place

           in question called Yuan Thai Spa & Salon situated in Jagdish



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Bungalow, Plot No. 185, Road No. 15, Chembur Gavthan, Chembur,

Mumbai was indulging in running a brothel under the guise of a

massage center.


4.    Applicant before me indicted for aforesaid crime. However on

the face of record, the provisions of the said Act would not apply

because he is not the owner or manager of the subject immovable

property. Applicant claims to have membership of the said massage

center and was a regular customer which is prima facie seen from the

material which is placed on record and there is no ambiguity about it.


5.    On the fateful day of the raid, that is on 27.10.2025 in the

evening time, the Applicant was availing the services in the said salon

and was apprehended along with the masseuse. The statements of the

masseuse recorded on 05.11.2025 and 11.11.2025 subsequently are

appended at page Nos.      213 and 263 of the Application. I have

perused the same. With the able assistance of Mr. Mundargi, I have

also perused the other statements which have been recorded by the

investigating authority.


6.    Prima facie, insofar as the Applicant before me is concerned,

there is nothing incriminating which has been shown to me or appears

from the record to be having been indulging in any of the offensive

acts as contemplated by the provisions of Section 143(2) of the BNS.



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The statements which are recorded of the other masseuses as well as

the masseuse involved with the Applicant in question, prima facie

show that the massage services were rendered to the customers, the

Applicant being one of them.


7.    Insofar as applicability of the impugned provision is concerned,

the prosecution can undoubtedly make out a watertight case qua the

owner and the operator of the said place provided it has prima facie

substantive material to show the offensive acts. A customer availing

services by the professional salons which is prima facie case made out

from the various statements which are recorded and the entire

material placed before me do not show any implication of the

Applicant having been indulging in any of the offensive acts or crime

as contemplated under the said FIR qua him.


8.    The role of the Applicant, as attributed to him, is seen from page

No. 96 of the chargesheet in the present Application and prima facie

on reading the same, there is nothing incriminating which can be

made attributable to the Applicant or for that matter to the service

provider either. Therefore, in that view of the matter, the record prima

facie shows that the said message outlet called Yuan Thai Spa & Salon

has other branches also and most of the professional service providers

therein are foreigners i.e. from Thailand. In that view of the matter, I

am inclined to accept the submissions made by Mr. Mundargi that

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           Applicant was a bonafide customer having been found at the wrong

           place at the wrong time without having any proximity or nexus to the

           alleged crime in question.              Record also shows that Applicant was

           registered member of this particular spa on the basis of his mobile

           number which is seen from the record. It also shows that he was a

           regular at the said parlor for undergoing back, neck, and shoulder

           massages due to his tedious and strenuous workload.


           9.     In view of the above, present Application allowed in terms of

           prayer clause (a) and (b) which reads thus:-

                 "a.           To quash and set aside the order of cognizance dated 06.02.2026
                               passed by the Ld. JMFC Court Mazgaon in PW case No. 139 of 2026
                               for the offences punishable under Sections 143(2), 3(5) of the
                               Bhartiya Nyaya Sanhita, 2023 (BNS) and Section 3, 4, 5 & 7 of the
                               Immoral Traffic (Prevention) Act, 1956 against the Applicant;
                 b.            This Hon'ble Court be pleased to quash and set aside the entire
                               proceedings arising out of FIR No. 0616 of 2025 which was
                               registered with Chembur Police Station dated 28.10.2025 along
                               with the chargesheet for offences punishable under Sections 143(2),
                               3(5) of the Bhartiya Nyaya Sanhita, 2023 (BNS) and Section 3, 4, 5
                               & 7 of the Immoral Traffic (Prevention) Act, 1956 in the interest of
                               justice qua the Applicant;"

           10. Criminal Application is allowed and disposed.



Amberkar                                                    [ MILIND N. JADHAV, J. ]
                      Digitally
                      signed by
                      RAVINDRA
           RAVINDRA   MOHAN
           MOHAN      AMBERKAR
           AMBERKAR   Date:
                      2026.09.24
                      18:55:44
                      +0530




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