Court emphasizes that proceedings under Section 340 Cr.P.C. should be initiated solely in the interest of justice, not for personal vendettas.
In a recent ruling, the Allahabad High Court, presided over by Justice Raj Beer Singh, dismissed an appeal filed by Shiva Kant Dubey against an order from the Family Court in Prayagraj. The case revolved around allegations of false statements made in an affidavit concerning Dubey's income, which were purportedly used to influence maintenance proceedings under Section 125 of the Criminal Procedure Code (Cr.P.C.).
Dubey, the appellant, contended that his wife, the respondent, falsely declared his income to be ?80,000 and ?1,25,000 per month in different instances, while his actual income was only ?11,000 per month. He sought to initiate proceedings under Section 340 of the Cr.P.C. and Section 379 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), aiming to prosecute his wife for these alleged false statements.
However, the Family Court had previously dismissed his application, and the High Court upheld this decision. Justice Singh emphasized that the initiation of proceedings under Section 340 Cr.P.C. or Section 379 BNSS should only occur when it is expedient in the interest of justice. The court highlighted that minor inaccuracies or exaggerations, especially in maintenance cases, do not justify such proceedings unless they significantly impact the administration of justice.
Citing past judgments, the court noted that prosecution for perjury is reserved for rare cases where deliberate falsehood is evident, and conviction is likely. The court warned against using judicial processes for personal vendettas or to address grievances over exaggerated claims.
The judgment further reiterated that any decision to prosecute under these sections must consider the broader impact on justice administration rather than the magnitude of injury to an individual. The High Court found no material illegality or perversity in the Family Court's order and concluded that there was no expediency in the interest of justice to warrant a complaint under Section 340 Cr.P.C.
In light of these findings, the appeal was dismissed, emphasizing the courts' role in safeguarding against frivolous prosecutions and maintaining the integrity of judicial proceedings.
Bottom Line:
Application under Section 340 Cr.P.C. / 379 BNSS to prosecute respondent for alleged false statement in affidavit - Court held that proceedings under Section 340 Cr.P.C. / 379 BNSS should be initiated only if it is expedient in the interest of justice and not for private vendetta or minor inaccuracies in statements.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 379, Criminal Procedure Code, 1973 Section 340
Shiva Kant Dubey v. State of U.P., (Allahabad) : Law Finder Doc id # 2874258
