JUDGMENT :

Sanjay K. Agrawal, J.

1. This criminal appeal under Section 19(1) of the Family Courts Act, 1984 has been preferred by the appellant against impugned order dated 18/07/2022 (Annexure A/1) passed by learned 1st Additional Principle Judge, Family Court, Raipur in Case No. 676/21 whereby the application filed by the appellant under Section 340 of CrPC has been rejected finding no merit.

2. The respondent/wife herein filed an application under Section 125 of CrPC for grant of maintenance against the appellant/husband which is pending consideration before the court of Principal Judge, Family Court, Raipur in which the parties are litigating and affidavits and documents have been filed on behalf of the parties. During the pendency of the said application under Section 125 of CrPC, the appellant herein filed an application under Section 340 of CrPC before the concerned Family Court stating inter alia that respondent has made false statements in affidavits, as such, she is liable to be proceeded under Section 340 of CrPC.

3. The aforesaid application filed by the appellant under Section 340 of CrPC came up for hearing before the Family Court on 18/07/2022 and learned Family Court, not being impressed with the said application, proceeded to reject it vide impugned order finding no merit and directed the respondent to remain present along with her witnesses on the next date of hearing.

4. Ms. Aditi Singhvi, learned counsel for the appellant, would submit that learned Family Court, without deciding the application under Section 340 of CrPC on merits, proceeded to reject it holding that the said application is not maintainable as the proceeding under Section 340 of CrPC is required to be dealt with separately, which is perverse and contrary to law, therefore, the instant appeal be allowed and after setting aside the impugned order, matter be remitted to the Family Court for hearing and disposal of the application filed by the appellant herein under Section 340 of CrPC in accordance with law.

5. We have heard learned counsel for the appellant, considered her rival submissions made herein-above and went through the record with utmost circumspection.

6. For the sake of convenience, Section 340 of CrPC is reproduced below :-

“340. Procedure in cases mentioned in section 195.

- (1) When upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary, -

(a) record a finding to that effect;

(b) make a complaint thereof in writing;

(c) send it to a Magistrate of the first class having jurisdiction;

(d) take sufficient security for the appearance for the accused before such Magistrate, or if the alleged offence in non-bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and

(e) bind over any person to appear and give evidence before such Magistrate.

(2) The power conferred on a Court by sub-section (1) in respect of an offence may, in any case where that Court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub-section (4) of section 195.

(3) A complaint made under this section shall be signed, -

(a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint;

(b) in any other case, by the presiding officer of the Court or by such officer of the Court as the Court may authorise in writing in this behalf.

(4) In this section, “Court” has th