Must file perjury and claim compensation for defamation. After her DV case has been dismissed I believe she won't be filing any other case related with family law atleast but related with criminal law like I
have seen cases where wife have filed false charges of robbery or misconduct by husband , his parents or his relatives but these cases can be wiped off easily if the police and court will take reference from previous false claims by her. It's very useful close your DV also. Do it fast. You challenge them and submit her false statement on oath which were proved false by you in DV case, before the court , this will make her case weaken and liable to dismiss on the ground of false and fabricated statements.
In order to sustain and maintain sanctity and solemnity of the proceedings in law courts it is necessary that parties should not make false or knowingly, inaccurate statements or misrepresentation and/or
should not conceal material facts with a design to gain some advantage or benefit at the hands of the court, when a court is considered as a place where truth and justice are the solemn pursuits. If any party attempts to pollute such a place by adopting recourse to make misrepresentation and is concealing material facts it does so at its risk and cost.
Read a judgment about the above in Vijay Syal Vs. State of Punjab
PROSECUTION OF PERJURY:
1. Legal obligation to state the truth
2. The making of a false statement .
3. Belief in its falsity .
Criteria for establishing offense:
(a) The statement is false
(b) The parson making the statement knew or believed it to be false or did not believe it to be true.
(c) The statement was made intentionally.
All three criteria must be proved for conviction. Intention is most important.
False evidence is said to be given intentionally, if, the person making the statement is aware or has knowledge that it is false and has deliberately used such evidence in a judicial proceeding with the intention of deceiving the court .
ELEMENTS OF PERJURY:
1) False statement made by a person Who is –
a) Bound by an oath
b) By an express provision of law
c) A declaration which a person is bound by law to make on any subject
d) Which statement or declaration is false and which he either knows or believes to be false or does not believe to be true.
2. Oath must be administered by a person of competent authority.
The authority must be competent to administer the oath. The proceedings where oath is administered must
be sanctioned by law.
3. Express provisions of law include—Plaints, Written Statements, and other pleadings.
a)CPC casts a legal duty to speak the truth
b)Verification of pleadings is a legal obligation.
4. Affidavits are declaration made under oath.
5. A statement could be verbal or otherwise.
1) False statement made by a person Who is –
a) Bound by an oath
b) By an express provision of law
c) A declaration which a person is bound by law to make on any subject
d) Which statement or declaration is false and which he either knows or believes to be false or does not believe to be true.
2. Oath must be administered by a person of competent authority.
The authority must be competent to administer the oath. The proceedings where oath is administered must
3. Express provisions of law include—Plaints, Written Statements, and other pleadings.
a)CPC casts a legal duty to speak the truth
b)Verification of pleadings is a legal obligation.
4. Affidavits are declaration made under oath.
5. A statement could be verbal or otherwise.
a) Statement that he believes a thing which he does not believe.
b) Statement that he knows a thing which he does not know.
c)Statement that he knows to be false or does not believe to be true .
d) Statement need not be on a point material to the proceedings.
b) Statement that he knows a thing which he does not know.
c)Statement that he knows to be false or does not believe to be true .
d) Statement need not be on a point material to the proceedings.
Due to this the related other section which can be used are :
IPO 191: Giving false evidence, judicial perjury
IPO 192: Fabricating false evidence
IPO 193: punishment for offenses u/s 191 & 192 IPO
IPO 194 & 195: Aggravated forms of offenses u/s 191 & 192 IPO
IPO 196 to 200: Offenses punishable in the same way as giving or fabricating false evidence
IPO 201 to 229: Offenses against public justice
IPO 191: Giving false evidence, judicial perjury
IPO 192: Fabricating false evidence
IPO 193: punishment for offenses u/s 191 & 192 IPO
IPO 194 & 195: Aggravated forms of offenses u/s 191 & 192 IPO
IPO 196 to 200: Offenses punishable in the same way as giving or fabricating false evidence
IPO 201 to 229: Offenses against public justice
OFFENCES U/S 195 CrPC:
(a) IPO 172 to IPO 188 relate to contempts of the lawful authority of public servants and also of attempt to commit or conspiracy to commit such offense or abatement there of.
(a) IPO 172 to IPO 188 relate to contempts of the lawful authority of public servants and also of attempt to commit or conspiracy to commit such offense or abatement there of.
(b) IPO 193, 194, 195, 196, 199, 200, 205, 206, 207, 208, 209, 210, 211 and 228, when such offense is alleged to have
been committed in, or in relation to, any proceeding in any court.
been committed in, or in relation to, any proceeding in any court.
CrPC 195:
Generally any person can lodge complaint of an offence and set the law in motion. Exception to this rule is offences. Specified u/s 195 CrPC. Section 195 lays down rules to be followed by the court to take cognizance of an offence specified under it. Court has full discretion in deciding whether any prosecution is necessary or not.
Generally any person can lodge complaint of an offence and set the law in motion. Exception to this rule is offences. Specified u/s 195 CrPC. Section 195 lays down rules to be followed by the court to take cognizance of an offence specified under it. Court has full discretion in deciding whether any prosecution is necessary or not.
Considerations for sanctioning prosecution:
a) Administration of justice is not hampered
b) Not to be used as a means for wreaking vengeance by people
c) Every incorrect or false statement does not make it incumbent upon the court to order prosecution.
d) Judicial discretion to order prosecution only in the larger interest of administration of justice.
e) When police finds that complaint was false and case is cancelled u/s 173 CrPC, the police can start proceeding u/s 211 IPO against person who lodged false complaint.
CrPC 340:
Section 340 CrPC lays down directions for the guidance of the court which desires to initiate prosecution in respect of an offence covered under IPO 195. Court can take action and make a complaint to concerned magistrate u/s 340 either suo motu or on an application made to it on that behalf. Sanction of the public servant court is a must for offenses in (a) under Criteria for establishing offence. Sanction of the court is a must for offenses in (b). under Criteria for establishing offense. Any Civil, Revenue or criminal court can proceed under this section. Person against who proceedings are initiated has no right to participate in preliminary Inquiry. The trial for the offence will be held by the magistrate based on complaint by the court acting u/s 340 sanctioning prosecution. The order is appealable only once and no second appeal or revision lies.
a) Administration of justice is not hampered
b) Not to be used as a means for wreaking vengeance by people
c) Every incorrect or false statement does not make it incumbent upon the court to order prosecution.
d) Judicial discretion to order prosecution only in the larger interest of administration of justice.
e) When police finds that complaint was false and case is cancelled u/s 173 CrPC, the police can start proceeding u/s 211 IPO against person who lodged false complaint.
CrPC 340:
Section 340 CrPC lays down directions for the guidance of the court which desires to initiate prosecution in respect of an offence covered under IPO 195. Court can take action and make a complaint to concerned magistrate u/s 340 either suo motu or on an application made to it on that behalf. Sanction of the public servant court is a must for offenses in (a) under Criteria for establishing offence. Sanction of the court is a must for offenses in (b). under Criteria for establishing offense. Any Civil, Revenue or criminal court can proceed under this section. Person against who proceedings are initiated has no right to participate in preliminary Inquiry. The trial for the offence will be held by the magistrate based on complaint by the court acting u/s 340 sanctioning prosecution. The order is appealable only once and no second appeal or revision lies.
Requirements for starting prosecution:
The court is not bound to start prosecution. Only if it is expedient in the interest of justice and affects administration of justice. Contradictory evidence is not enough for prosecution. Offence must have been committed intentionally. Perjury should appear to be deliberate and conscious. Conviction is reasonable probable or likely. Reasonable foundation for the charge must exist. Statement given by complainant in FIR u/s 154 cannot be basis of prosecution u/s 340. Statements given to police u/s 161 are not evidence.
PROCEDURE:
Receive application or suo motu – application can be filed by a person not party to the proceedings in relation to which the offense is committed. The court where application is filed only decides if inquiry should be made Hold preliminary inquiry (not essential in law). Record findings . Make a complaint in writing – include offence, facts on which it is based and evidence available for proving it. The judge has
to sign the complaint himself. Forward it to a first class Magistrate having jurisdiction.
IPC 192:
No condition to be bound by oath. Reasonable prospect of proceedings and intention to use the fabricated evidence in such proceedings. Proceedings need not be in progress. Material omission is made in an entry or a statement Affidavit- making a document containing false statement to be used as evidence in a judicial proceeding.
Criteria:
Particular Intention that false document so made should appear in evidence in a judicial proceeding. Reasonable prospect of using the document is sufficient to establish offence. Should be material to the result of the proceedings- Judge is made to entertain an erroneous opinion touching nay point material to the result of such proceeding based on such fabricated evidence.
The court is not bound to start prosecution. Only if it is expedient in the interest of justice and affects administration of justice. Contradictory evidence is not enough for prosecution. Offence must have been committed intentionally. Perjury should appear to be deliberate and conscious. Conviction is reasonable probable or likely. Reasonable foundation for the charge must exist. Statement given by complainant in FIR u/s 154 cannot be basis of prosecution u/s 340. Statements given to police u/s 161 are not evidence.
PROCEDURE:
Receive application or suo motu – application can be filed by a person not party to the proceedings in relation to which the offense is committed. The court where application is filed only decides if inquiry should be made Hold preliminary inquiry (not essential in law). Record findings . Make a complaint in writing – include offence, facts on which it is based and evidence available for proving it. The judge has
to sign the complaint himself. Forward it to a first class Magistrate having jurisdiction.
IPC 192:
No condition to be bound by oath. Reasonable prospect of proceedings and intention to use the fabricated evidence in such proceedings. Proceedings need not be in progress. Material omission is made in an entry or a statement Affidavit- making a document containing false statement to be used as evidence in a judicial proceeding.
Criteria:
IPO 199: False statement made in declaration which is by law receivable as evidence.
IPO 200: Using as true such declaration knowing it to be false.
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IPO 200: Using as true such declaration knowing it to be false.
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Criminal Misc. Application No.30509 of 2009
Garima Srivastava Vs. State of U.P. and another ; Hon. A.K. Roopanwal, J.
In this petition orders dated 15.7.09 and 7.10.09 passed by the Principal Judge, Family Court, Allahabad have been challenged.
It appears from the record that in a divorce case an application was moved by the husband that the lady had wrongly filed an affidavit that she is not serving in Delhi Public School, Arail, Naini, District Allahabad and therefore, action be taken against her. The lady was ready for inquiry in the matter and the court vide order dated 21.11.06 ordered that the inquiry be made in the matter and the defaulter be punished with a fine of Rs.10,000/-. Subsequent thereto the report from the college was obtained and it was reported by the college that the version of the lady was wrong. In such situation, the court vide order dated 15.7.09 imposed a fine of Rs.10,000/- upon the lady (applicant). By the order dated 7.10.09 the objections filed by the applicant against the maintainability of the proceedings under Section 340, Cr.P.C. instituted by the husband were rejected. Heard Mr. A.N. Tripathi, learned counsel for the applicant, learned AGA and perused the record.
It has been argued by Mr. Tripathi that under the provisions of Section 340, Cr.P.C. the court can make only preliminary inquiry and the final order which may be in the form of imposing fine can be passed by the court of competent jurisdiction and the court of competent jurisdiction would be that court in which the complaint would be filed by the court in which the perjury was committed. The court which made the preliminary inquiry had no jurisdiction to finally conclude the matter and impose the fine, therefore, the order dated 15.7.09 is bad and is liable to be quashed. Regarding the order dated 7.10.09 it was argued by Mr. Tripathi that once a wrong order was passed by the court on 15.7.09 it should have been reviewed and when it was not reviewed, hence, the order dated 7.10.09 is also bad and is liable to be quashed.
So far as the order dated 15.7.09 is concerned, in that regard I am of the view that the matter is liable to be taken further for hearing as there is some substance in the argument advanced by Mr. Tripathi. So far as the argument regarding the order dated 7.10.09 is concerned, in that regard it has been argued by Mr. Tripathi that the court cannot initiate dual proceedings. Once the matter was concluded vide order dated 15.7.09 there could be no propriety at all to continue the proceedings under Section 340, Cr.P.C. Issue notice to O.P. No.2 to file counter affidavit within 2 weeks’. Rejoinder affidavit, if any, may be filed within 1 week thereafter.
DISTRICT: XXXXXX. In the Court of Ld. Judicial Magistrate Xth Court, 1stclass, at Santinagar.
Ref: Case No M - XXX of 2014.
Smt. Kalangkini Bani/Wife.
…………….Petitioner
Vs
Mr. Satyaprikash Bani/Husband.
…………Opp, Party in-person.
Application on behalf of the Oppsite-Party/Husband under section 340 CrPC read with section 195 CrPC
MOST RESPECTFULLY SHEWETH:
1. That the OP husband with a view to restore his marital life at least for the sake of the child filed the suit for restitution of conjugal rights on June-2010 whereas in reply the Petitioner-wife filed Maintenance case U/s 125 CrPC on August-2010 only to intentionally harass andextort and extract money from the OP husband without paying any heed to the future of the child.
2. During the pendency of the said suit the petitioner- wife set in motion the instant proceeding for interim maintenance for herself and the child on the basis of false and concocted stories which are self contradictory on the face of it.
3. That the OP-husband intends to challenge the instant proceeding for which he has already filed his written objection controverting the reckless allegations contained therein. The petitioner has not filed any re-joinder to such objection till this date.
- That it is now well known that for wrongful gain and for settling scores in sinuous and seductive depositions are in abundance before the courts now a day. The present application under section 125 CrPC, by the petitioner-wife is one such petition. The respondent has already shown in his reply to the application under section 125 CrPC, how the applicant has come up with suppression of material facts and false depositions/ unclean hands. The proceeding under section 125 CrPC and FIR No. XXX u/s 498a, 406 dated dd.mm.yyyy (Annexure-R2) is false, fabricated and with intent to extort and extract money from the OP Husband. The basic contents of both the complaints are self-contradictory. The intent of this interim maintenance on the basis of only being the OP Husband - an able bodied person is to annoy, injure and harass him to such a degree so as to compel the OP Husband/ applicant to part with his earnings.
- That the petitioner in her petition of 125 CrPC in respect of the instant proceeding has reiterated the same false allegations. In paragraph 6 and 7 of the petition of 125 CrPC the petitioner-wife has alleged that the OP-husband and his relatives pressurised her for dowry whereas there is no such mentioning of demand of dowry in aforesaid FIR No. XXX u/s 498a, 406 dated dd.mm.yyyy and Final Charge-Sheet No. XXX (Annexure-R2). It is thereby submitted that the petitioner, Smt. Kalangkini Bani has committed perjury by knowingly making false statement for demand of dowry to be given to the OP Husband /applicant so as to give credence to her theory that there were cash and valuables transaction at and after the time of marriage.
6. That in paragraph 24 of the petition of 125 CrPC the petitioner-wife has alleged that she was not maintained financially which is another instance of perjury made with a view to mislead the court for the purpose of unlawful gain. The OP-husband sent on three occasions sent money to the tune of Rs. 1500/-, Rs 2000/- , Rs 1500/- vide Money Order to the petitioner which the petitioner-wife refused to accept. The bank statement of joint a/c being no 2000200022 disproves such allegation. The receipts of such MO is attached herewith as Annexure-R1.
7. That It is thereby submitted that the petitioner, Smt. Kalangkini Bani has committed perjury by knowingly making false statement for the allegation of not sending money and thereby suppressing the fact of sending money she has attempted to extract the money out of the OP Husband/ Applicant.
8. That in paragraph 11 and 12 of the petition of 125 CrPC the petitioner-wife has alleged that she was tortured during her pregnancy and was harassed in the hospital which is a strong ground of committing perjury by her as her treatment was duly done at XYZ Hospital at the expense of the OP Husband. The pious intention of the OP Husband is proved by the fact that the petitioner-wife was not admitted in some local government hospital during her pregnancy. She was given best medical treatment during pregnancy. The copy of birth certificate issued from XYZ Hospital of the girl child is enclosed herewith Annexure R3.
9. That in paragraph 8 and 19 of the petition of 125 CrPC the petitioner-wife has alleged that several negotiations for restoring the conjugal life were made from the parents of the petitioner-wife and several diaries had been lodged in the Santinagar PS by the petitioner-wife which is false as no such copies of diaries has been annexed in her petition of 125 CrPC. but the OP Husband has filed G.D. Vide No. GDE. 123 dated 01rdMay, 2013 at Santinagar Police Station after being assaulted by the petitioner’s parents when he went to bring the petitioner back to her matrimonial house only to assist him during his father’s accidental recovery in Calcutta Medical Hospital (Accident date 1st April 2009 – death on 7th June 2009). So thereby submitted that the petitioner, Smt. Kalangkini Bani has committedperjury by knowingly making false statement in paragraph 8 and 19.
10. That in paragraph 16 of her petition of 125 CrPC the petitioner-wife has alleged that she was instigated for committing suicide by way of torture, assault, abusive and slang languages by the OP Husband which is totally false and fabricated story framed by the petitioner as she had not given any statement of such suicide in her FIR No. XXX u/s 498a, 406 dated dd.mm.yyyy (Annexure-R2). Smt. Kalangkini Bani has committed perjury by knowingly making false statement in paragraph 16.
11. That in paragraph 10 of her petition of 125 CrPC the petitioner-wife has alleged that OP Husband had some intimacy with another woman whereas no name and address is mentioned in the petition of 125 CrPC so the statement made by the petitioner is wrong and is ground of perjury.
12. That in paragraph 9 of her petition of 125 CrPC the petitioner-wife has alleged that the torture of the OP Husband was severe upon her and she had been digesting the pills of torture with is again false and is ground of perjury as she left her matrimonial home 5 months before she filed the false FIR No. XXX u/s 498a, 406 dated dd.mm.yyyy (Annexure-R2). She continually refused to take money sent by money-order during her stay at her parental house. The receipts of such MO is attached herewith as Annexure-R1.
P R A Y E R
In the circumstances aforesaid,
a. It is therefore most respectfully prayed that the Hon’ble Court exercise its powers U/s 340 Cr.P.C. in the expediency of Justice.
b. As the false dispositions are shown to affect the course of the proceedings, the applicant prays that this application may be given priority over the parent case.
AFFIDAVIT
I, Mr. Satyprakash Bani son of Late Satynarayan Bani, aged about XX years, by religion - Hindu, by occupation service, presently residing at Santinagar, , Shivpore, Pin-700XXX, West Bengal, P.S.- Santinagar do hereby solemnly affirm state and declare as follows:
1. That I am the OP/husband of this instant case and well conversant with the facts and circumstances of the case.
2. That all the facts, figures and circumstances and contents of the foregoing paragraphs 1 to 12 are true to the best of my knowledge and belief and the remaining are my humble submission made before this Learned Court.
Prepared by me.
(In Person)
_______________________
Is known to me.
Advocate
