ORDER : 1. The petitioner has sought for quashing of the proceedings in CC No.783/2012 on the file of the Metropolitan Magistrate (Traffic Court-I), Mayo Hall, Bengaluru, registered for the offence punishable under sections 3, 4, 5 & 7 of Immoral Traffic Prevention Act, [hereinafter referred to as “ITP” Act,]. 2. The factual matrix that emanate from the records are that on 2.12.2011 at about 16.00 hours, on receipt of the credible information, the Police Inspector of Ashok Nagar Police Station has raided the massage Parlour situated in Albert Street, running in the name and style of Nisarga Provider Profession Body Massage for Male and Female and found that some persons were involved in doing prostitution. They have arrested some of the persons from the spot and also seized some of the articles along with cash. It is also stated that massage parlour owner Murali was absconding. The petitioner is arrayed as Accused No.3. It is specifically stated in the complaint that he was a customer and that he was in the said premises at that particular point of time. 3. So far as the customers are concerned, under the ITP Act, there are no specific provisions to implicate them into the crime. This Court, in many number of cases particularly in Criminal Petition No.1728/2017, considering the previous judgments of this court was of the opinion that Sections 3, 4 and 5 of the ITP Act are not at all attracted so are as the customers found in the brothel house are concerned. This court has consistently came to the conclusion that after analyzing the said provision that constitution of the offence are not made out so far as the customers are concerned. 4. It is also evident from reading of the above said provisions, which are invoked in this particular case. Section3 of the Act is a section which provides Punishment for keeping a brothel or allowing premises to be used as a brothel. Section4 provides Punishment of living on the earnings of the prostitution. Section5 provides Procuring, inducing or taking (person) for the sake of prostitution. Section7 applies to prostitution in or in the vicinity of public place. (Emphasis Supplied) Therefore, the above said provisions are in no way attract for punishment sofar as the customers are concerned. Section4 provides Punishment of living on the earnings of the prostitution. Section5 provides Procuring, inducing or taking (person) for the sake of prostitution. Section7 applies to prostitution in or in the vicinity of public place. (Emphasis Supplied) Therefore, the above said provisions are in no way attract for punishment sofar as the customers are concerned. Though it is felt by this court that though customers virtually encourage prostitution and exploit the victim for money, but in the absence of any specific penal provision, it cannot be said that he is liable for any prosecution for the above said offences. 5. In the above said circumstances, I do not find any strong reason to differ from the consistent view taken by this court. Hence, this petition deserves to be allowed. Accordingly, the following order is passed: ORDER The petition is allowed. The entire proceedings in C.C. No.783/2012 (FIR No.437/2011) pending on the file of the Metropolitan Magistrate (Traffic Court-I), Mayo Hall, Bengaluru, registered for the offences punishable under Sections 3, 4 and 5 of the ITP Act, 1956 are hereby quashed so far as it relates to the petitioners are concerned.