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The High Court held that initiation of proceedings under Section 340 Cr.P.C. was justified where the court found possible false statements regarding employment in a maintenance petition. The Court observed that such proceedings aim to protect the sanctity of judicial processes.

The Court ruled that the truth of the allegations must emerge during the enquiry. It dismissed the appeal and allowed the perjury proceedings to continue.

The following extracts form the basis of the Court’s reasoning.

“Admittedly, the dispute is between appellant No.1 and respondent No.1, who are husband and wife. Due to the matrimonial discord, appellant No.1 left the matrimonial home on 25.09.2017 and both of them started living separately.”

“A perusal of the provisions of Section 340 Cr.P.C. makes it evident that if the Court is of the opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in Clause (b) of Sub-Section (1) of Section 195… such Court after such preliminary enquiry is competent to order the proceedings under Section 340 Cr.P.C.”

“Initiation of the proceedings under Section 340 Cr.P.C. is to carry out a thorough enquiry by affording opportunity to both the sides for establishing the truthfulness in the allegations.”

“Initiation of the proceedings under Section 340 Cr.P.C. in itself cannot be said to be punitive. Rather the same is expedient in the interest of justice for maintaining the sanctity of the judicial proceedings.”

“After hearing the counsel for the appellants and perusing the record… this Court is of the opinion that the impugned complaint and impugned orders suffer from no illegality.”

Decision

The High Court dismissed the appeal.

It upheld the Family Court’s decision to initiate proceedings under Section 340 Cr.P.C. The Court held that such enquiry was necessary to determine the truth of the alleged false statements regarding employment.

However, the Court clarified that its observations would not influence the trial court during further proceedings.

Kamaljeet Kaur Vs Harbhajan Singh on 26 Aug 2022

Index of Perjury Judgements is here.

Key Contributor :

Mrs. Suprajaa Rajan B.Com., LL.B., LL.M.

+91-9606345150

The Karnataka High Court held that when a court records a specific finding that a party suppressed material facts on oath, it cannot dismiss a perjury application as premature merely because the main case remains pending. The Court ruled that allegations of false evidence affect the purity of judicial proceedings and require prompt consideration. It set aside the Family Court’s order and remitted the matter for fresh consideration.

The following paragraphs form the foundation of the Court’s decision.

Para 4(a):
“…If these IT Returns are taken into consideration, the respondent is having income and she is also earning income… She has not filed any counter to the objections filed by the petitioner and also with respect to these IT Returns. In fact, by filing a complaint she has admitted that she has filed Income Tax Returns… Under such circumstances, she has suppressed the fact that she was earning income…”
Para 4(b):
“…when the Court below has recorded a specific finding as to the income of the respondent from the medical profession that too on the basis of undisputed IT Returns for the relevant period; when it has also recorded a specific finding that the respondent has suppressed the fact that she was earning income; that being the position, the application of petitioner for initiating action for the offence of perjury, could not have been turned down as being premature merely because main matter is still pending…”
Para 4(c):
“…act of perjury is treated as a heinous offence in all civilized societies; consideration of complaints with regard to the same cannot be deferred or delayed; otherwise there is all possibility of the fountain of justice being polluted.”
Para 4(e):
“…applications of the kind need to be considered on merits at the earliest point of time so that a loud message goes to the unscrupulous section of the litigant public as to what would befall the perjuring parties.”

Decision

The High Court allowed the writ petition.

It set aside the Family Court’s order.
It remitted the matter for fresh consideration of the perjury application.
It directed that the main matrimonial case remain in abeyance until such consideration.

All contentions remained open.

Praveen R Vs Arpitha on 31 Aug 2021

Citation :2021:KHC:33333

Other Sources :

Index of Perjury Judgements is here.

Key Contributor :

Mrs. Suprajaa Rajan B.Com., LL.B, LL.M.

+91-9606345150

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Tag: false affidavit

Kamaljeet Kaur and Anr Vs Harbhajan Singh and Anr on 26 Aug 2022

Decision

Dr.Praveen R Vs Dr.Arpitha on 31 Aug 2021