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Allahabad High Court

MUKESH KUMARversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The Court held that the applicant’s lack of clean hands precludes the exercise of inherent jurisdiction under Section 528 BNSS to quash the criminal proceedings.

Summary

Mukesh Kumar filed an application under Section 528 of the BNSS seeking to quash the charge‑sheet and cognizance order in criminal case No. 598 of 2025, which arose from an FIR under Section 406 IPC. The High Court examined the charge‑sheet, the summons, and the applicant’s criminal history, noting that five other criminal cases were pending against him, which he had not disclosed. Relying on Supreme Court precedents that deny relief to litigants who do not come with clean hands, the Court held that the applicant’s lack of clean hands barred the exercise of inherent jurisdiction to quash the proceedings. Consequently, the application was dismissed and the trial court was directed to continue the trial expeditiously. The decision underscores the doctrine of clean hands in the context of invoking Section 528 for quashing criminal proceedings.

Issues considered

  • Whether the High Court can exercise its inherent jurisdiction under Section 528 BNSS to quash the charge‑sheet and cognizance order in the present criminal case.
  • Whether the applicant’s undisclosed criminal history and lack of clean hands preclude the grant of relief.

Legislation cited

Subjects

  • criminal procedure
  • inherent jurisdiction
  • quashing of charge‑sheet
  • clean hands doctrine
  • Section 528 BNSS
  • Section 406 IPC

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

           APPLICATION U/S 528 BNSS No. - 31962 of 2026

Mukesh Kumar
                                                               .....Applicant(s)
                                   Versus
State of U.P. and Another
                                                                  .....Opposite
                                                                        Party(s)

Counsel for Applicant(s)                :   Raj Kumar Mishra
Counsel for Opposite Party(s)           :   G.A., Ram Chandra Solanki

Court No. - 79
                 HON'BLE SAURABH SRIVASTAVA, J.

1. This matter has been taken up in the date fixed category.

2. Heard learned counsel for applicant, learned AGA for State and Mr. R.C.
Solanki, learned counsel for opposite party no.2. Instructions so received by
learned AGA is taken on record.

3. The present application under Section 528 BNSS, has been filed for
quashing the entire proceedings of Case No.598 of 20252(State vs. Mukesh
Kumar) arising out of Case Crime No.317 of 2021, under Section 406 IPC,
Police Station- Friends Colony, District- Etawah, pending before learned
court of Chief Judicial Magistrate, Etawah, including charge sheet dated
15.09.2021 and cognizance/summoning order dated 31.01.2022.

4. Heard and perused the material available on record, including the
impugned charge-sheet and cognizance/summoning order.

5. In compliance to earlier order dated 31.08.2026, learned AGA came up
with the instructions, through which it has been transpired that apart from
the instant case, there are five cases of criminal history credited against the
applicant, but at the time of filing instant application, applicant has not
averred anything about his criminal history, meaning thereby applicant has
not come up with clean hands and as such no interference is required by this
Court, since in catena of judgments rendered by Hon'ble Apex Court such as
in case of S.B.Noronah vs. Union of India reported in AIR Online 1994
SC 124 as well as in case of M/s Tomorrowland Limited vs. Housing and
Urban Development Corporation Limited and another reported in
                                                                                          NA528 No. 31962 of 2026
                                                                   2


                                    [2025] 2 S.C.R 998, it has been held that no indulgence or relief would be
                                    granted in favour of any litigant who has not approached to the Court with
                                    'clean hands'.

                                    6. Accordingly, this Court does not find any good ground to invoke its
                                    inherent jurisdiction under Section 528 BNSS for quashing the impugned
                                    charge-sheet, cognizance/summoning or the consequential criminal
                                    proceedings and as such, the present application is hereby dismissed.

                                    7. Learned trial court concerned shall proceed with the trial expeditiously,
                                    strictly in accordance with law, without being influenced by any observation
                                    made herein.

                                    September 29, 2026
                                    Saif
                                                                                       (Saurabh Srivastava,J.)




Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad


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