Can I file a case under Section 340 crpc for filing a false affidavit?
Question: Can I file a case under Section 340 crpc for filing a false affidavit? As per affidavit in domestic violence case on 8/9/2017 ,my wife stated that my mother lodged a fake case of blackmailing and extortion in PS on 6,7,2016. but no such case was registered by my mother in the police station on the above-mentioned date. In PS my mother lodged a complaint against my wife and in laws under crpc 107/116 to prohibit them from coming and harming her on 24/6/16 after my wife and in-laws came and physically harmed my mother on 29/4/2016.
The sdm bound them on 28/6/16 Moreover my mother lodged a case in session court on 27/6/16 under Section 341,323,34 against my wife and my in-laws and in that case my wife did compromise. My wife was the first party in that compromise. So my point is the case was fake or not, is decided by the court, not by the party. And no such decision was given by the court. In the above-mentioned case In Session Court the case was closed on the basis of this compromise.
And the police also filed FIR in that case, but put FR on the basis of this compromise. So my point is the case was fake is a matter that should be decided by court and not by my wife and my wife in her affidavit in domestic violence on 8/9/2017 said that a fake case was registered by my mother under above sections. So can I file section 340 against my wife?
Provisions of Section 340 of the code of criminal procedure is not applicable in your case because the false affidavit was not sworn after the document was admitted by the court.
Section 340 crpc applies if the party to proceeding committed forgery in respect of a document which is under custody of the court. There is no such document which is custodia legis.
Hence, you cannot initiate proceeding against your wife under Section 340 of the crpc. In Amarsang Nathaji v. Hardik Harshadbhai Patel, (2017) 1 SCC 113 the hon’ble Supreme Court has held that mere making of contradictory by itself does not constitute offence of perjury.
Your wife has filed a case but later on compromised with her mother-in-law. It does not prove that she is guilty of perjury. If she made a false allegation and its falsity was proved by the court then you can initiate proceedings for perjury if that allegation was made by manipulation of documents.