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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
YASHVIR SINGH RATHOR
............ – Appellant
Versus
............ – Respondent
| Table of Content |
|---|
| 1. nature and procedural history of the revision petition under article 227 challenging the dismissal of a section 340 cr.p.c. application. (Para 1 , 2) |
| 2. petitioner's contention regarding the respondent's submission of false statements and affidavits in legal proceedings. (Para 3) |
| 3. perjury prosecution requires established expediency in the interest of justice; trivial or personal vendetta-based claims insufficient. (Para 4 , 5 , 6) |
| 4. final order dismissing the petition and upholding the lower court's decision. (Para 7) |
JUDGMENT :
YASHVIR SINGH RATHOR. J.(Oral)
1. The present revision petition under Article 227 of the Constitution of India has been filed for setting aside the impugned order dated 09.10.2025 (Annexure P-6), passed by the learned Principal Judge, Family Court, Faridkot, in CIS No.CRM-482-2023, whereby the application filed by the petitioner under Section 340 Cr.P.C. has been dismissed.
2. I have heard learned counsel for the petitioner and have gone through the material placed on the file.
3. Learned counsel for the petitioner contended that the impugned order dated 09.10.2025 passed by learned Principal Judge, Family Court, Faridkot is based on conjunctu
Prosecution for perjury requires the court to be satisfied that it is "expedient in the interest of justice." Such action is reserved for deliberate, conscious falsehoods where conviction is probable....
The court upheld that allegations under Section 340 CrPC require evidence review before prosecution can be initiated, ensuring matrimonial proceedings are not disrupted.
Allegations of perjury must be substantiated with admissible evidence; mere contradictory statements do not suffice for initiating perjury proceedings.
Perjury – There should be deliberate falsehood on a matter of substance – Court should be of prima facie opinion that there exists sufficient and reasonable ground to initiate proceedings against per....
Action under Section 340 Cr.P.C. requires clear evidence of deliberate falsehood impacting justice, and mere repetition of allegations is insufficient for prosecution.
A court cannot initiate proceedings under Section 340 of the Code of Criminal Procedure against a person for making a false statement in an affidavit if the person did not obtain any relief from the ....
Prosecution for perjury under Section 340 Cr.P.C. requires prima facie evidence and expediency in the interest of justice, particularly when considering delays and motivations behind complaints.
Merely repeating allegations from an FIR as a defense does not constitute false evidence under Section 340 Cr.P.C., and proceedings for perjury require clear and convincing evidence of intentional de....
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