IMPORTANT POINT
An application under Section 340 Cr.P.C. requires the applicant to provide the necessary evidence, and failure to do so can lead to dismissal of the application.

Headnote:
CRIMINAL PROCEDURE - APPLICATION UNDER SECTION 340 CR.P.C. - The court upheld the trial court's dismissal of the husband's application under Section 340 Cr.P.C. for perjury, emphasizing that the affidavit in question was not submitted by the husband, thus lacking the necessary basis for the claim. The court affirmed the trial court's decision, highlighting the importance of proper procedural adherence in such applications.
Fact of the Case:
The appellant/husband filed a criminal appeal against the dismissal of his application under Section 340 Cr.P.C. by the Family Court, which he claimed was based on the respondent/wife's failure to disclose her professional qualifications in an affidavit during ongoing maintenance proceedings.
Finding of the Court:
The court found that the trial court correctly dismissed the husband's application, noting that the affidavit in question was not submitted by him, which precluded any conclusion regarding perjury. The court affirmed the trial court's decision, indicating no legal error in the dismissal.
Issues: Whether the trial court erred in dismissing the husband's application under Section 340 Cr.P.C. for perjury due to procedural grounds and the absence of the affidavit submitted by the wife.
Ratio Decidendi: The court held that an application under Section 340 Cr.P.C. must be substantiated by relevant evidence, and the absence of the affidavit from the husband meant that the application lacked a proper foundation for the claim of perjury.
Result: The criminal appeal was dismissed in limine, affirming the trial court's order.

JUDGMENT :

VIVEK BHARTI SHARMA, J.

1. This criminal appeal is filed by the appellant/husband against the judgment and order dated 20.12.2023 passed by Judge, Family Court, Kashipur, District Udham Singh Nagar in Misc. Criminal Case No. 53 of 2023, whereby the application filed by the appellant/husband u/s 340 Cr.P.C. has been dismissed.

2. Learned counsel for the appellant/husband would submit that the appellant/applicant had moved an application u/s 340 Cr.P.C. before the Family Court, Kashipur during the pendency of misc. criminal case no. 461 of 2018 u/s 125 Cr.P.C. on the ground that in the affidavit filed by the respondent/wife in compliance of the judgment of Hon’ble Supreme Court in Rajnish vs. Neha (2021) 2 SCC 32, the respondent/wife had not disclosed the fact that she was having a professional qualification of stenography and shorthand from the Industrial Training Institute.

3. He would submit that this application filed u/s 340 Cr.P.C. was registered as a separate Misc. Criminal Case No. 53 of 2023 but the trial court erred in law in not clubbing both the proceedings together and decided the maintenance case separately by order dated 23.08.2023 while this application remained pending and was decided subsequently by judgment/order 20.12.2023.

4. He would further submit that the trial court has committed an error in dismissing the application on hyper-technical ground of not annexing the affidavit filed by the respondent/wife.

5. Heard learned counsel for the appellant/husband and perused the material available on file.

6. The trial court has rightly rejected the application of the appellant/husband filed against the respondent/wife alleging perjury on the ground that the affidavit which is the basis of this application u/s 340 Cr.P.C. has not filed by the appellant/husband and thus no conclusion can be drawn. In the considered opinion of this Court, there is no infirmity or illegality in the order impugned. Same is hereby affirmed.

7. Accordingly, the criminal appeal is dismissed in limine.

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