An affidavit filed in court is not considered evidence; contradictions in statements must show intent to mislead to be deemed culpable.

JUDGMENT :

AMBUJ NATH, J.

1. This Criminal Appeal has been filed against the order dated 08.05.2024 passed by learned Additional Principal Judge, Family Court-I, Jamshedpur, East Singhbhum in connection with Miscellaneous Criminal Application No. 01/2023, arising out of ORG Maintenance Case No. 143/2020, whereby and wherein the learned Additional Principal Judge, Family Court-I, Jamshedpur, East Singhbhum rejected the application of the appellant filed before the learned court to initiate a proceeding against respondent no.2 under Section 340 Cr.P.C . read with Section 195 Cr.P.C . in connection with original maintenance case no. 143 of 2020 filed by the respondent no. 2 under section 125 Cr.P.C .

2. It appears that during the proceeding, respondent no. 2 had filed an affidavit disclosing her salary to be Rs.9,000/- per month. It further appears that during the recording of her statement, she has stated that her salary was about Rs.18000/- per month.

3. Learned lawyer for the appellant submitted that the respondent no.2 has deliberately filed false affidavit before the learned Additional Principal Judge, Family Court-I, Jamshedpur, East Singhbhum and the learned Additional Principal Judge, Additional Family Court-I, Jamshedpur, East Singhbhum ought to have allowed the application of the appellant filed under Section 340 Cr.P.C read with Section 195 Cr.P.C.

4. Learned lawyer for the respondent no. 2 submitted that there was no intention on the part of the respondent no. 2 to make false averment before the learned Additional Principal Judge, Additional Family Court-I, Jamshedpur, East Singhbhum.

5. It was further submitted that the affidavit filed before the court does not comes within the definition of evidence. It was finally submitted that the respondent no.2 had herself admitted in the court that her salary was Rs.18,000/- per month and as such, it cannot be said that the respondent no. 2 has fabricated false evidence during the stage of judicial proceeding

6. Reliance has been placed upon the decision rendered by a Single Bench of Jharkhand High Court in W.P. (Cri) No. 329 of 2004 as reported in (2013) 3 JBCJ 686 (High Court) wherein, it was held that:-“An affidavit filed in a court is not an evidence”

7. Learned lawyer for the appellant submitted that the respondent no. 2 has deliberately made false submission in the court to subvert the cause of Justice.

8. From the perusal of the record, it appears that the respondent no. 2 has not concealed the fact that she was having a monthly income of her own. She has herself admitted in her statement that her monthly income was Rs.18,000/- per month. The averment made in the affidavit was not in itself a factor which would have been incumbent upon the court to decide the quantum of maintenance to be paid to the respondent no. 2. If there is any contradiction in the statement of the witnesses in a Judicial proceeding unless it manifests that the same was made to subvert the cause of Justice, it will not be culpable.

9. A Single Bench of this court has also held that averment made in an affidavit is not an evidence and as such, it cannot be said that the respondent no.2 has given any false evidence before the Additional Principal Judge, Family Court-I, Jamshedpur, East Singhbhum.

10. I do not find any illegality in the order of the learned Additional Principal Judge, Family Court-I, Jamshedpur, East Singhbhum.

11. Accordingly, this appeal is dismissed.

12. Pending I.A., if any also stands disposed of.