Applicability of section 340 of crpc in civil matters
dream
(Querist) 18 February 2013
This query is : Resolved
Hi,
Is it possible to initiate criminal proceedings in a Family court when the petitioner-wife misrepresents a HC order.
Request the experts to guide me.
Thanks and Regards
DreamLiner
Advocate Ramesh
(Expert) 18 February 2013
state full facts what type of misrepresent HC ORDER
dream
(Querist) 18 February 2013
Dear Ramesh,
The brief facts are:
1. Wife left the matrimonial home, alone and filed habeas corpus writ in HC in 2002 against husband, father-in-law & police with a prayer to hand-over the custody of child to her.
2. The HC order reads as ".....The petitioner expressed regrets for her conduct and promised to change her behaviour to gain the lost rapport with her matrimonial family members if an opportunity is provided. The husband has agreed to take her back due to the reconciliation efforts. The petitioner may join her matrimonial home today or tomorrow or on a mutually convenient date. Even while the reconciliation efforts were going on, the petitioner prayed to withdraw the petition voluntarily. Hence the petition is diposed of as withdrawn. No costs"
3. There were no interim orders during the pendency of the writ.
4. Accordingly, the wife joined the joint family.
5. After few years, recently, wife again left the matrimonial home and filed an OP in Family court for divorce alleging cruelty and desertion, among many allegations, submitted that
"The petitioner was constrained to to move to her parents house and had to file habeas corpus writ petition in 2002. Upon hearing all the arguments, the Hon'ble High Court disposed of the said writ by reprimanding the respondent (husband) and directed him to take back the petitioner and to look after well and not to repeat such acts"
Can the husband move an application for this misrepresentation of High Court order in the Family court u/s 340 CrPC.
Advocate Ramesh
(Expert) 18 February 2013
no it is not possible. But during trial you can raise these point as stated in writ.
dream
(Querist) 18 February 2013
Are you suggesting that misrepresenting and twisting the contents of the order of the divisional bench is done casually done inthe corridors of justice?
can you please reason it out sir
Nadeem Qureshi
(Expert) 18 February 2013
Dear Querist
340. Procedure in cases mentioned in section 195.
(1) When upon an application made to it in this behalf or otherwise any court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that court, such court may, after such preliminary inquiry, if any, as it thinks necessary,-
(a) Record a finding to that effect;
(b) Make a complaint thereof in writing;
(c) Send it to a Magistrate of the first class having jurisdiction;
(d) Take sufficient security for the appearance for the accused before such Magistrate, or if the alleged offence is non-bailable and the court thinks it necessary so to do send the accused in custody to such Magistrate; and
(e) Bind over any person to appear and give evidence before such Magistrate.
(2) The power conferred on a court by sub-section (1) in respect of an offence may, in any case where that court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the court to which such former court is subordinate within the meaning of sub-section (4) of section 195.
(3) A complaint made under this section shall be signed, -
(a) where the court making the complaint is a High Court, by such officer of the court as the court may appoint;
1[(b) in any other case, by the presiding officer of the court or by such officer of the Court as the Court may authorize in writing in this behalf.]
(4) In this section, "court" has the same meaning as in section 195.
Feel Free to Call
Raj Kumar Makkad
(Expert) 19 February 2013
The given facts of your query do not constitute even a single iota of section 340 so there is no use to initiate it.
dream
(Querist) 20 February 2013
thanks for the inputs.
if not 340, any other?
pls suggest
R.K Nanda
(Expert) 20 February 2013
no more to add.
