BIMLA DEVI Vs. SUDESH RANI

JUDGEMENT

(1.) CRL.M.A. 8018/2023 (filed by the defendant No. 3 under Sec. 340 of Code of Criminal Procedure for lodging a complaint/holding an enquiry against the plaintiff under Ss. 193, 196, 199 and 200 of the Indian Penal Code along with issuing notice for Contempt of Court under Sec. 2(c) of Contempt of Courts Act, 1971 for filing false pleading and documents in the court)

(2.) It is submitted in the application that the plaintiff had filed a suit bearing CS (OS) No. 1188/2015 for Partition and Injunction in the year 2015 against the defendant, who is the applicant in the present application. In the suit, the plaintiff sought partition in respect of the subject property which was owned by Late Sh. Sabha Chand, the father of the defendant. She disclosed that Late Shri Sabha Chand was earlier married to Smt. Hoshiyari Devi (mother of defendant No.3) who expired in the year 1989 leaving behind defendant No.3 as the only issue. She, however, did not mention the date of death of Smt. Hoshiyari Devi. She asserted that she got married to Late Shri Sabha Chand on 9/1/1989 as per the Hindu Rites and Rituals.

(3.) The defendant No.3 on coming to know about filing of the suit, made a complaint at Police Station Safdarjung which was registered vide DD No.27B dtd. 19/9/2017. The plaintiff got scared of registration of complaint and immediately withdrew her first suit on 1/12/2017 with liberty to file a suit afresh on the same cause of action.