Allahabad HC Quashes Immoral Trafficking Case Against Man Allegedly Found In Compromising Position Inside Noida Spa

The Allahabad High Court has recently quashed proceedings against a man booked under Sections 3, 4, 5 & 6 of the Immoral Traffic (Prevention) Act, 1956 and Section 370 IPC who was found in a compromising position with a woman inside a Thai Spa in Noida.

Upon receiving secret information, a raid was conducted at Allora Thai Spa Centre, Noida where individuals were found to be engaging in prostitution. It was alleged that women were forced into prostitution at the Spa. Police seized aphrodisiac substances and complaints were lodged against the owner of the spa. Since applicant was found in a compromising position at the time of the raid, FIR was also lodged against him under Section 370 of I.P.C. and Sections 3, 4, 5 & 6 of the Immoral Traffic (Prevention) Act, 1956.

Applicant approached the High Court seeking quashing of the criminal proceedings on grounds that he was a customer who had paid for consensual sex with one of the woman and there was no prostitution. It was argued that no specific allegations were made to attract the provision of the Immoral Traffic (Prevention) Act, 1956.

Per contra, state counsel argued that applicant was implicated based on the fact that he was found at the place of the incident and the statement of the woman he was found involved with.

Justice Vinod Diwakar observed that, “even if the applicant's alleged involvement are taken as true, the ingredients of Section 370 of I.P.C. read with Sections 3, 4, 5 & 6 of the Immoral Traffic (Prevention) Act, 1956 Act are not attracted qua applicant. It's prosecution's case that the applicant was found involved consensually with one of the women at the spa, having paid for the services. Therefore, the proceedings against the applicant are unsustainable in law.”

Observing that the woman with whom applicant was involved is neither a complainant nor a witness, the Court held that conviction of the applicant was a faint possibility and therefore, quashed the criminal case against him.

Case Title: Vipul Kohli v. State Of U.P. And 2 Others [APPLICATION U/S 528 BNSS No. - 8170 of 2025]

Counsel for Applicant : Anoop Trivedi, ,Sr. Advocate assisted by Raunak Tiwari.

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