Mere contradictions in affidavits do not attract Section 340 CrPC for perjury; falsity must be established during trial, and parallel proceedings are not warranted.

JUDGMENT

1. The instant application is filed under Section 340 of the Criminal Procedure Code, 1973 (hereinafter referred to as “CrPC”) for initiation of perjury proceedings against the Defendant No. 1 for making false statements on oath.

2. The present suit is one for partition, rendition of accounts and recovery of amounts due to the Plaintiffs from the Defendants.

3. The facts of the case, as mentioned in the Plaint, reveal that the Parties are the children of one Late Ram Chander Sharma, who died intestate on 28.04.2022. The Petitioners and Defendant No. 2 herein are the daughters of the deceased, whereas the Defendant No. 1 is the son of the deceased. It is stated that during his lifetime, the deceased acquired various

movable and immovable properties, which are mentioned in Paragraph No. 3 of the Plaint. The Plaintiffs, raising apprehensions of Defendant No. 1 misappropriating money from the suit properties, filed the instant suit seeking partition in all the properties mentioned in the Suit Schedule.

4. The instant application was listed on 25.02.2026. Petitioner No. 1 was appearing in-person before this Court via Video Conferencing.

5. On the said date, this Court puts a pointed question to the Petitioner No. 1 as to why the criminal proceedings under Section 340 of the CrPC are to be initiated against the Defendant No. 1. Upon this query, the Petitioner No. 1 submits that the Defendant No. 1 had deliberatively given false statements in his pleadings as well as the affidavits dated 03.09.2025 and 15.01.2026 with an intent to interfere with the administration of justice. It is stated that the statements made by the Defendant No. 1 before this Court via affidavits dated 03.09.2025 and 15.01.2026 are backed by only forged documentation, thereby revealing his intent to deceive this Court.

6. Per contra, learned Counsel for the Defendant No. 1 vehemently objected to the present application, thereby stating that the application is frivolous in nature.

7. Heard learned Counsel for the parties and perused the material on record.

8. It is observed that on 15.07.2025, this Court directed the Defendant No. 1 to file an affidavit disclosing all the assets received by the Defendant No. 1 by transfer upon the demise of the father. It further directed the Plaintiff to file the Joint Schedule of Properties, which is also on record.

9. The affidavit dated 03.09.2025 reads as under:-

“1. That I am the Defendant No. 1 in the above

captioned matter. I am well conversant with the facts and circumstances of this - case. As such, I am competent to swear and depose this Affidavit.

1That the present Affidavit is being filed in terms of Order dated 15.07.2025 passed by this Hon'ble Court wherein this Hon'ble Court directed the deponent to make a full disclosure of the estate inherited by him from his father, Late Sh. Ramesh Chandra Sharma.

3. IMMOVABLE PROPERTIES

A. 36, Sharad Cooperative Building Society, Karkardooma, Delhi 110092 admeasuring 177.80 sq. yds.

i. That the said property was purchased by Late Sh. Ramesh Chandra Sharma vide registered Conveyance Deed dated 17.06.1994.

ii. That the deponent has inherited the said property consisting of a ground floor, first floor and second floor, vide Will dated 25.06.2021 executed by Late Sh. Ramesh Chandra Sharma.

iii. The deponent has duly disclosed the aforementioned facts at paragraph 11(a) of the Written Statement dated 11.08.2023.

B. 28, Second Floor, Sharad Vihar, Karkarsdooma, Delhi 110092.

i. That