False evidence and misleading information in court proceedings are grounds for prosecution under Section 340 of the Cr.P.C.

DATED: 11.06.2025 ORAL JUDGMENT (PER ANIL S. KILOR, J.)

. Heard.

2. ADMIT. Heard finally by consent of learned Counsel for the respective parties.

3. This is an application filed under Section 341 of the Cr.PC with a prayer to quash and set aside the common judgment and order dated 01.02.2018 passed by the Family Court No.3, Nagpur to the extent of Clause 5, whereby the Family Court directed the Registrar of Family Court, Nagpur to file a complaint on its behalf under Section 340 of the Cr.P.C. against the appellant for giving false evidence.

4. The learned Family Court while issuing such directions recorded its findings in paragraph No.48, 54 and 55 which reads thus:

“48] After closer of the evidence, the learned counsel for the husband has filed an application [Exh.136] for taking action against the wife, under Section 340 of the Cr. P. C, for giving false evidence. It is submitted by the learned counsel for the husband that the wife is a qualified doctor by profession and acquired qualification of Bachelor of Dental Surgery. She has filed petition under Section 125 of the Cr. P.C for grant of maintenance, wherein she had made a statement that she is not having any source of income and she is fully dependent upon her aged father. She has also made a statement on oath in paragraph no.13, page no.13 of her affidavit that "she is B.D.S and uptil now she has not been engaged in any practice or service and she has no source of income and she is fully dependent upon her old father." In her cross- examination also she has denied that she is working on the post of Hospital Manager at Shallby Hospital. The wife has given say to the application (Exh. 136) and denied her employment and again made a statement that she is unable to maintain herself. As discussed earlier, a summons was issued to the official of HDFC Bank, who has produced the salary account extract of the wife at Exh.134. It clearly shows that this is salary account extract of the wife in her maiden name and the name of the employer is mentioned as "Shallby Hospital." The evidence shows that the wife has purposely concealed her employment and made a false statement on oath that she does not have any source of income.

54] As per Section 340 of the Cr. P. C, upon an application made to it in this behalf or otherwise, if Court is of opinion that it is expedient in the interest 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 of the accused before such Magistrate, or if the alleged offence is 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.

55] As per Section 340 of the Cr. P. C, though the preliminary enquiry is not mandatory, it is already done by calling the record from the HDFC Bank regarding employment of the wife. This much enquiry is sufficient to take action against the wife under Section 340 of the Cr. P. C. As such, necessary directions have to be given to the Registrar, Family Court, Nagpur, to file a complaint against the wife, under Section 340 of the Cr. P. C, for committing offence punishable under Section 19