MP HC Directs Magistrate To Decide Husband’s Perjury Plea Over Wife’s Alleged False Affidavits, Preferably Within 90 Days.

The petitioner sought a direction for time-bound disposal of his application under Section 340 of the Code of Criminal Procedure, 1973, registered as MJCR No. 1426/2025.

He alleged that the respondent had made false statements and suppressed material facts in affidavits filed in domestic-violence and maintenance proceedings.

The Section 340 application was filed on 9 September 2025 and registered, with notice issued to the respondent, on 11 September 2025.

The maintenance proceedings had reached final arguments after the petitioner was proceeded against ex parte.

He contended that their continuation before determination of his Section 340 application would prejudice him.

Section 340 CrPC requires the court to consider whether an inquiry into an offence referred to in Section 195(1)(b) CrPC is expedient in the interests of justice, having regard to the alleged falsehood, the available material, and the need to initiate a complaint.

Contradictory statements or a disputed affidavit do not, by themselves, require prosecution; the court must independently assess the application.

Filing a Section 340 application does not establish perjury or create an automatic right to stay related proceedings.

The petition was brought under Section 482 CrPC for a direction concerning the pending application.

The Court found that the Section 340 application had been pending since September 2025 and that notice had been issued, making the petitioner’s complaint of delay deserving of consideration.

The alleged falsehoods remained unexamined, and the filing of the application neither proved perjury nor justified staying the maintenance proceedings.

The JMFC was therefore required to assess the application independently and on its merits, without being influenced by the High Court’s observations.

The application is to be decided on its own merits.