PUSHPAL SWARNKAR Vs. NIKITA SWARNKAR

JUDGEMENT

(1.) The appeal under Section 341 of the Code of Criminal Procedure, 1973 is directed against order dated 17.01.2012 passed by Second Additional Principal Judge, Family Court Durg in FAM No.47/2012 wherein the said Court dismissed the application filed by the appellant under Section 340 read with Section 195 IPC for proceeding against respondent No.1.

(2.) As per the version of the appellant, marriage between the appellant and respondents No.1 was solemnized on 29.4.2007. On 12.11.2008, respondent No.1 filed application under Section 125 CrPC before the said Court in which she filed an affidavit stating that she is dependent on her parents while in fact she was working in Tourism and Hotel Management Institute affiliated with Pt. Ravishankar University, Raipur. Therefore, an application was moved by the appellant before the trial Court for initiation of the proceedings under Section 340 read with Section 195 of CrPC, but the trial Court dismissed the same.

(3.) Learned counsel for the appellant submits that giving false affidavit on oath before the judicial authority squarely covers under Section 340 read with Section 195 CrPC but the trial Court did not evaluate this aspect of the matter, therefore, order of the trial Court be set aside and the trial Court may be directed to initiate action against the respondent under the Sections as mentioned above.