Withdrawal of the underlying proceeding may justify rejection of a Section 379 BNSS inquiry application.

The respondent-wife instituted proceedings under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking maintenance from the appellant-husband before the Family Court, Ambikapur, registered as Misc. Criminal Case No. 188/2024.

The appellant alleged that the respondent had concealed her income and source of income in an affidavit and in her deposition, and therefore sought action under Section 379 BNSS for an inquiry into alleged false evidence.

During the pendency of the proceedings, the respondent withdrew the maintenance case, which the Family Court permitted. The Family Court consequently rejected the appellant’s Section 379 application.

The appellant challenged that order under Section 380 BNSS before the High Court.

Whether the Family Court was justified in rejecting the appellant’s application under Section 379 BNSS after the underlying maintenance proceeding had been withdrawn by the respondent.

Whether the alleged concealment of income and filing of a false affidavit justified initiation of an inquiry and complaint under Section 379 BNSS.

The Court referred to Sections 229–233 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which prescribe offences and punishments relating to false evidence, fabrication or use of false evidence, and related conduct.

It primarily applied Sections 215 and 379 BNSS. Section 379 provides the procedure where a Court considers it expedient in the interests of justice to inquire into an offence referred to in Section 215(1)(b) that appears to have been committed in or in relation to evidence produced or given in a proceeding before it; the Court may conduct a preliminary inquiry, record a finding, make a written complaint to the competent Magistrate, and take consequential steps.

The power under Section 379 is discretionary and arises only where the concerned Court forms the requisite opinion that such inquiry is expedient in the interests of justice.

The High Court noted that the allegation of false disclosure had not been finally adjudicated by the Family Court.

The Section 379 application was an interlocutory application connected with the maintenance proceeding, and the substantive proceeding had already been dismissed as withdrawn at the respondent’s instance.

Since the Family Court declined to form the requisite opinion for initiating action under Section 379 after the termination of the underlying case, the High Court found no illegality or jurisdictional error in that decision.

The Court therefore accepted the procedural consequence of withdrawal of the main proceeding and did not direct a separate inquiry into the respondent’s alleged false affidavit or deposition.

Finding no infirmity or illegality in the impugned order, the Court dismissed Criminal Appeal No. 939 of 2026 at the motion stage.