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NALIN KUMAR SRIVASTAVA
Mubashir Ali – Appellant
Versus
State of Uttar Pradesh – Respondent
What constitutes perjury under Section 340 Cr.P.C.? What are the conditions for proceeding under Section 340 Cr.P.C.? What is the difference between inaccuracies in statements and deliberate falsehood for perjury?
Key Points: - The appeal challenges the rejection of an application under Section 340 Cr.P.C. alleging perjury and concealment of facts by the wife (!) . - The appellant alleged that the wife concealed her employment status and made false statements in her affidavit regarding her dependency
JUDGMENT :
NALIN KUMAR SRIVASTAVA, J.
1. The present criminal appeal under Section 341 Cr.P.C. has been preferred by the appellant Mubashir Ali against the order dated 24.1.2024 passed by the Additional Principal Judge, Family Court No. 2, Kanpur Nagar in Misc. Case No. 1192 of 2020 under Section 340 Cr.P.C. whereby the application under Section 340 Cr.P.C. moved by the appellant has been rejected.
2. Heard learned counsel for the appellant, learned counsel for the respondent no. 2 and the learned AGA and perused the entire record.
3. It is submitted by the learned counsel for the appellant that a Case No. 545 of 2019 under Section 125 Cr.P.C. was preferred by the respondent no. 2 - Smt. Muniba Faridi, wife of the appellant alongwith supporting affidavit which is pending before the Court of Additional Principal Judge, Family Court No. 2, Kanpur Nagar. The appellant moved an application under Section 340 Cr.P.C. which was registered as Case No. 1192 of 2022 wherein an application no. 3 alongwith affidavit no. 4 was moved by the appellant/husband alleging that the aforesaid case under Section 125 Cr.P.C. has been filed by Smt. Muniba Faridi/respondent no. 2 on the basis of wrong and fals
Inaccuracies in statements do not constitute perjury; deliberate falsehood and mens rea must be established for action under Section 340 Cr.P.C.
Judicial discretion under Section 340 of the CrPC requires significant evidence of falsehood and must not serve personal grievances, but rather ensure expedience in justice.
Non-disclosure of educational qualifications in an affidavit does not constitute perjury under IPC, and timely maintenance is essential for the welfare of dependents.
Allegations of perjury must be substantiated with admissible evidence; mere contradictory statements do not suffice for initiating perjury proceedings.
Action under Section 340 Cr.P.C. requires clear evidence of deliberate falsehood impacting justice, and mere repetition of allegations is insufficient for prosecution.
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.
The court ruled that initiating perjury proceedings under Section 340 Cr.P.C requires clear evidence of falsehood that impacts judicial proceedings, not mere inaccuracies.
Filing a false affidavit is a serious offense and can lead to legal consequences under the Indian Penal Code and the Contempt of Courts Act.
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