Nachhattar Singh Vs Rai Singh & another (Punjab and Haryana High Court)
The Punjab and Haryana High Court dismissed a petition under Section 482 Cr.P.C. seeking quashing of orders dated 09.10.2015 and 08.02.2017, by which the petitioner’s application and appeal under Section 340 read with Section 195 Cr.P.C. for registration of a complaint against the respondents under Sections 191, 192, 193, 199, 200, 209 and 120-B IPC had been rejected.
The petitioner and respondent Nos. 1 and 2 are real brothers. The petitioner had instituted a civil suit in 2012 for possession by way of partition and permanent injunction. During those proceedings, the respondents filed a written statement, reply to an application under Order 39 Rules 1 and 2 CPC, and an affidavit denying the petitioner’s ownership of the land. The civil suit was decreed in favour of the petitioner on 15.03.2014. Thereafter, the petitioner filed an application under Sections 340 and 195 Cr.P.C. alleging that the respondents had knowingly made false statements before the Court. The application was dismissed by the Sub Divisional Judicial Magistrate, Phul, on 09.10.2015, and the appeal was dismissed by the Additional Sessions Judge, Bathinda, on 08.02.2017.
Before the High Court, the petitioner argued that the respondents had intentionally denied his ownership in a sworn affidavit, thereby making a false declaration on oath. It was submitted that the Code of Civil Procedure imposed a legal obligation upon parties to verify pleadings truthfully and that false verification attracted the provisions of the IPC. According to the petitioner, the respondents’ affidavits amounted to sworn statements and the courts below erred in refusing to initiate proceedings.
