Authority: High Court of Judicature at Bombay, Criminal Appellate Jurisdiction

Order Date: September 24, 2026

Case Overview

  • Parties: Applicant – Amol Kisan Dhatrak; Respondent – State of Maharashtra. Advocate for Applicant – Niranjan Mundargi; Advocate for State (APP) – Y.M. Nakhawa. PSI Rupali Sanap of Chembur Police Station also mentioned.
  • Application: Criminal Application No. 564 of 2026 filed to quash FIR C.R. No. 616 of 2025 registered with Chembur Police Station, Mumbai.
  • Background: The FIR alleged offences under Sections 143(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3, 4, 5 & 7 of the Immoral Traffic (Prevention) Act, 1956, relating to a purported brothel operating at Yuan Thai Spa & Salon, Jagdish Bungalow, Plot No. 185, Road No. 15, Chembur, Mumbai.
  • Allegations: The prosecution claimed the premises functioned as a brothel disguised as a massage centre. The applicant was alleged to be involved in the offences.
  • Key Dates & Evidence:
  • Raid conducted on 27 Oct 2025 (evening) where the applicant was present and apprehended along with a masseuse.
  • Statements of the involved masseuse recorded on 05 Nov 2025 and 11 Nov 2025 (appended at pages 213 and 263 of the application).
  • Chargesheet reference on page 96 examined; it showed no incriminating material directly linking the applicant to the alleged offences.
  • Records indicated the applicant was a registered member of the spa based on his mobile number and was a regular customer for back, neck, and shoulder massages due to a strenuous workload.
  • The spa reportedly has other branches and employs several foreign staff members from Thailand.
  • Court Observations:
  • The applicant was merely a bonafide customer; there was no evidence of his participation in any offensive acts contemplated under the FIR.
  • The prosecution’s case could potentially stand against the owner/operator, but not against a customer.
  • The material before the court did not show any nexus between the applicant and the alleged crime.

Final Outcome

  • The Court allowed the criminal application and disposed of it.
  • The prayer clause (a) and (b) were granted, resulting in:
  • Quashing and setting aside the order of cognizance dated 06 Feb 2026 passed by the Ld. JMFC Court Mazgaon in PW case No. 139 of 2026.
  • Quashing and setting aside the entire proceedings arising out of FIR No. 616 of 2025 registered on 28 Oct 2025, along with the chargesheet for the offences under the Bharatiya Nyaya Sanhita, 2023 and the Immoral Traffic (Prevention) Act, 1956, in the interest of justice.
  • The criminal application is therefore allowed and disposed.

Topics: Legal Judgment, Criminal Procedure