Allahabad High Court
DHARMENDRA SINGH AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The Court held that no relief under Section 528 BNSS is available because the applicants did not approach the Court with clean hands.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash the charge‑sheet and proceedings in Criminal Case No. 2924 of 2025 (State vs. Dharmendra Singh and others). The High Court examined the charge‑sheet, cognizance order, and the applicants’ criminal history, noting that the applicants had not disclosed any prior offences and therefore did not come with "clean hands." Citing Supreme Court precedents (S.B. Noronah v. Union of India and M/s Tomorrowland Ltd. v. HUDCO), the Court held that relief under the inherent jurisdiction of Section 528 cannot be granted to a litigant lacking clean hands. Consequently, the Court dismissed the application and directed the trial court to continue the criminal trial expeditiously.
Issues considered
- Whether the High Court can exercise its inherent jurisdiction under Section 528 BNSS to quash the charge‑sheet and criminal proceedings against the applicants.
- Whether the doctrine of clean hands bars the grant of relief in the present application.
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 115(2), 333, 351(3), 352
Subjects
- Section 528
- inherent jurisdiction
- clean hands doctrine
- quash of criminal proceedings
- charge sheet
- High Court of Allahabad
- application dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 33231 of 2026
Dharmendra Singh And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Prabha Shanker Pandey, Santosh Kumar
Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. This matter has been taken up in the date fixed category. Instructions so
received by learned AGA is taken on record.
2. Heard learned counsel for applicants and learned AGA for State.
3. The present application under Section 528 BNSS, has been filed for
quashing the entire proceedings of Criminal Case No.2924 of 2025 (State vs.
Dharmendra Singh and Others) arising out of Case Crime No.140 of 2025,
under Sections 115(2), 352, 351(3), 333 BNS, Police Station- Asmauli,
District- Sambhal, pending before learned court of Additional Civil Judge
(JD)/Judicial Magistrate, Court No.1, Sambhal, including charge sheet dated
28.06.2025 and cognizance/summoning order dated 30.07.2025.
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 15.09.2026, learned AGA came up
with the instructions, through which it has been transpired that there are
certain cases of criminal history credited against the applicants, but at the
time of filing instant application, applicants have not averred anything about
their criminal history, meaning thereby applicants have 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 [2025] 2
NA528 No. 33231 of 2026
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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