Point of Law: A litigant who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final.

JUDGMENT :

1. Heard Shri Awadh Sharma, learned counsel for the applicant, Shri Ram Pal Singh, learned Additional Government Advocate-I assisted by Shri Prashant Kumar Singh, learned Brief Holder representing the State of U.P. and Shri Virendra Singh, learned counsel for the first informant, opposite party No. 2.

2. By means of this application under Section 482 Cr.P.C., the applicant has prayed for quashing of entire proceedings of Case No. 4692 of 2020 (State Vs. Jitendra and others), arising out of Case Crime No. 117 of 2020, under Section 498-A, 304-B IPC and ¾ of Dowry Prohibition Act, police station Salempur, district Bulandshahr, pending in the Court of Chief Judicial Magistrate, Bulandshahr.

3. A preliminary objection has been raised by the learned counsel for the opposite party No. 2 by pointing out that the applicant has not approached this Court with clean hand and has filed successive applications by concealing the material facts and documents.

4. In short compass, the facts giving rise to the present application are that a first information report was lodged by opposite party No. 2, Deepak Kumar at case crime No. 117 of 2020, under Sections 498-A, 304-B and ¾ of Dowry Prohibition Act, police station Salempur, district Bulandshahr arraigning therein as many as four accused namely Jitendra (husband), Pawan (Jeth) Smt. Ramendri (mother-in-law) and Satpal (father-in-law) of the deceased Anjali inter alia with the allegations that marriage of his sister-Anjali was solemnized with Jitendra on 16.2.2020 in which about 10-12 lakhs were spent. Since, the in-laws of his sister were not satisfied with the dowry, they used to mentally torture his sister for bringing additional dowry of Rs. 500,000/-or a Car. The report further indicates that when the complainant visited his sister at Kiswagarhi, she narrated the ill treatment meter to her by her in-law and thereafter she was beaten and threatened of dire consequences by her in-laws in case their demand of additional dowry is not fulfilled. Thereafter, his sister is living in her maternal house (Maika). On 14.6.2020 at about 10.00 PM, she received a call from the side of her husband and thereafter she went on depression and at about 1/1.30 AM on 15.6.2020, she committed suicide.

5. After lodging of the FIR, the applicant has approached this Court by filing Criminal Misc. Anticipatory Bail Application No. 5675 of 2020, which was disposed of vide order dated 3.12.2020 directing the applicant to surrender before the court below within three months and till then, interim protection was granted to her. However, when the order dated 3.12.2020 was in operation, the applicant has filed the instant application under Section 482 Cr.P.C No. 5094 of 2021 on 05.2.2021 for quashing the entire proceedings of the aforesaid case concealing the aforesaid order dated 03.12.2020, whereas Mr. Awadh Sharma, who is counsel for the applicant in the instant application was also counsel in Criminal Misc. Anticipatory Bail Application No. 5675 of 2020. When, the case was taken up on 15.2.2022, learned counsel for the applicant sought adjournment on the ground that he could not inform the opposite party No. 2. During the pendency of this application, the applicant also challenged the order of this Court dated 3.12.2020 passed in Criminal Misc. Application No. 5675 of 2020, before the Supreme Court by filing Special Leave to Appeal (Crl.) No. 5203 of 2021 on 28.6.2021, which was registered in diary at serial No. 14233 of 2021. The said appeal was dismissed by the Supreme Court vide order dated 29.7.2021 directing the appellant/applicant to surrender within two days before the trial court in compliance of the order of the High Court dated 03.12.2020. Thereafter, the regular bail application of the applicant was directed to be decided expeditiously by the trial court.

6. However, the applicant has chosen not to comply with the order of the Supreme Court dated 29.7.2021 as well as this Court dated 03.12.2020. It ap