Cr.P.C 340 a Smart Weapon to reduce Cr.P.C 125 Maintence (Format)

IN THE COURT OF HON’ABLE <<name>>, PRINCIPAL JUDGE, FAMILY COURTS, <<Location>> DISTRICT, <<Name>> COURTS, <<City>>

 

 

IN THE MATTER OF:

 

           …PETITIONER

 

VERSUS

 

   …RESPONDENT

 

APPLICATION U/S 340 OF Cr.P.C ON BEHALF OF RESPONDENT ON THE APPLICATION U/S 125 Cr.P.C. FILED BY THE RESPONDENT, FOR COMMITTING OFFENCES OF BLATANT PERJURY AND UNDER VARIOUS PROVISIONS OF IPC, FOR CONDUCTING ENQUIRY AND LODGING COMPLAINT BEFORE THE CONCERNED MAGISTRATE FOR THE OFFENCES MADE BY THE RESPONDENT

 

MOST RESPECTFULLY SHOWETH:  

1. That the petitioner had filed the above noted petition under Section 125 Cr.P.C. along with application for interim maintenance, which is pending before this Hon’ble Court and the same is fixed for 28.10.2017.  

2. That on the previous dates of hearing, this Hon’ble Court was pleased to direct the petitioner to file his bank account statement and also recorded Petitioner’s statement that “She is not working anywhere”  

3. The petitioner has no respect and dignity of the court as she has committed utter blatant perjury by hiding her current job with <<Address>>, which is an offence affecting administration of justice. The respondent is moving the same application to bring the same into the notice of this Hon’ble court.

4. That in the said income affidavit, the petitioner had presented several misleading facts and concealment of the material facts, from the Hon’ble Court which described after reading of the contents of the said affidavit and the petitioner had made false and frivolous facts before this Hon’ble Court. 

 

7. That it is pertinent to mention here that in the said income affidavit, which was duly attested on dated 03.09.2015, the petitioner mentioned in clause 7 (Occupation) of Part I, she by concealing the fact mentioned that “N.A.”, but few days before filing of the present affidavit, the petitioner has filed her Stridhan List dated 20.07.2015 before this Hon’ble Court, wherein, the petitioner had mentioned in the column of “sources of income”, in the last she mentioned “Ladki (Girl) (Private Service)”. That from the above said fact it is clear that by concealing the said material fact from this Hon’ble Court, the petitioner used the said court as a tool for get favorable maintenance order in the shape of huge amount from this Hon’ble Court.

 

It is also not out of place to mention that the respondent in her Stridhan List, which was filed before the CAW Cell dated 20.07.2015, it was mentioned that the amount of Rs.3,51,000/- was given in cash to the respondent and thereafter in FIR bearing No.<< number and P.S address>>, it was mentioned that the amount of Rs.5 Lac was given to the respondent by the family members of the petitioner.

It is worthwhile to mention here that the petitioner has concealed the detail of balance of the amount in her multiple bank accounts and also hide the Bank Locker with SBI Bank.

 

Not only this, the petitioner was concealed that the respondent was paid Rs.3000/- before the CAW Cell and the same was received previously by the petitioner.  

 

8. That the petitioner had also concealed several other material facts from this Hon’ble Court like income of her parents. It is imperative to mention here that the petitioner had firstly separated from the respondent on 01.10.2013.

9. That the petitioner had filed a complaint before the CAW Cell, during the pendency of the said complaint, the settlement arrived between both the parties and on the statement of the petitioner the said complaint was withdrawn as compromise on dated 08.08.2014. 

10. That thereafter, the petitioner had filed the said petition under section 125 Cr.P.C. The petitioner and respondent were mutually settled the said dispute and made a settlement before the Mediation Centre, the petitioner had joined the company of the respondent from the month of August, 2014 till 25.05.2015 and thereafter she separated from the respondent and again filed a complaint before the CAW Cell on dated 02.06.2015.

 

11. That in the said settlement, it is agreed between the parties i.e. petitioner and respondent, that the petitioner had withdrawn all the pending litigation between the parties i.e. the present petition, complaint before CAW Cell as well as other litigation, but till her separation, the petitioner neither withdrawn any litigation against the respondent nor perform her duties being a devoted Hindu Wife.

 

12. That after another separation i.e. on 26.05.2015, (which petitioner Herself as admitted in her Income affidavit filed on 06.08.16), the petitioner again pursuing the present  petition as well as other litigation filed against the respondent before the settlement.  

From the abovesaid fact it is manifestly clear that several contradictory statements were made by the petitioner in several places as well as before this Hon’ble Court, which is a punishable offence in the eyes of law, so the petitioner be punished in accordance with law.   

13. That the petitioner has given false statement, just to receive the exorbitant amount of maintenance from the respondent and thereby has tried to mislead this Hon’ble Court by her duly sworn statement before the Oath Commissioner.

 

14.  That the petitioner is guilty of giving false statement, whereas she was bound to give true and correct declaration, which she failed to make and thereby committed the aforementioned offences.  

15. That by going so, the petitioner has interfered in the administration of justice and therefore, liable to be prosecuted under the aforementioned provisions of IPC. 

    It is, therefore, most respectfully prayed that this Hon’ble Court be pleased to enquire, lodge a complaint and reference be made to the concerned M.M. for trial of the same, in the interest of justice.

 

Pass such other order/orders as the Hon’ble Court deem fit and proper in the facts and circumstances of the case.

 

DELHI

DATED:                            RESPONDENT