Karnataka High Court
Gururaj vs Rashmi on 15 January, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-K:211
CRL.P No. 201304 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 15TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 201304 OF 2024
(482(Cr.PC)/528(BNSS))
BETWEEN:
GURURAJ S/O MALLIKARJUN VIJAPUR,
AGE: 40 YEARS, OCC: GOVT. SERVANT,
R/O. KATTAGI ADDA MANE, ALNAWAR
TQ. ALNAWAR, DIST. DHARWAD 581103.
...PETITIONER
(BY SRI AJAY JAWALI AND
SRI BASAVARAJ M. POLICE PATIL, ADVOCATES)
AND:
Digitally signed SMT. RASHMI W/O GURURAJ VIJAPUR
by SHILPA R D/O RAUTAPPA SALOTGI,
TENIHALLI AGE: 33 YEARS, OCC: HOUSEHOLD,
Location: HIGH R/O. PLOT NO. 40, JEWARGI ROAD,
COURT OF
KARNATAKA CHAMUNDESHWAR COLONY,
KALABURAGI 585102.
...RESPONDENT
(BY SRI S.N.PADSHETTY, ADVOCATE)
THIS CRL.P IS FILED U/S.482 OF CR.P.C.(OLD) U/SEC
528 OF BNSS, PRAYING TO, DIRECT THE LD PRINCIPAL
JUDGE, FAMILY COURT, KALABURAGI TO PROCEED WITH THE
COMPLAINT U/SEC 340 OF CR.P.C BEFORE PROCEEDINGS
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NC: 2025:KHC-K:211
CRL.P No. 201304 of 2024
WITH THE MAIN PROCEEDINGS U/SEC 125 OF CPC IN CRL
MISC NO.6/2020.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) The petitioner is before this Court under Section 482 of Cr.P.C. with a prayer to direct the Court of Principal Judge Family Court at Kalaburagi to proceed with the application filed under Section 340 of Cr.P.C. before proceeding further in Crl.Misc.6/2020 filed by the respondent under Section 125 of Cr.P.C. claiming maintenance.
2. Heard learned counsel for the parties.
3. The petitioner herein is the husband of the respondent, who has filed Crl.Misc.No.6/2020 before the Court of Principal Judge Family Court at Kalaburagi under Section 125 of Cr.P.C. claiming maintenance. In the said proceedings, the petitioner herein had filed an application -3- NC: 2025:KHC-K:211 CRL.P No. 201304 of 2024 under Section 340 of Cr.P.C. with a prayer to prosecute the respondent for the offences punishable under Sections 193 to 196 of IPC. on the ground that respondent had suppressed the material facts before the Court and had submitted a false affidavit. The said application was dismissed by the learned Principal Judge Family Court, Kalaburagi and the same was questioned in an appeal before this Court in Criminal Appeal No.200058/2023 by the petitioner herein. The said appeal was allowed vide judgment dated 17.07.2023 and the learned Principal Judge Family Court, Kalaburagi was directed to hold an enquiry on the application filed under Section 340 of Cr.P.C. by the petitioner and proceed further in accordance with law. On the ground that the learned Principle Judge Family Court, Kalaburagi has been proceeding with the main matter in Crl.Misc.No.6/2020 without holding any enquiry on the application filed under Section 340 of Cr.P.C., the petitioner is before this Court seeking necessary direction.
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NC: 2025:KHC-K:211 CRL.P No. 201304 of 2024
4. Learned counsel for the petitioner submits that since the respondent has filed a false affidavit and produced property documents, which do not belong to the petitioner, an application is filed under Section 340 of Cr.P.C. before the Family Court to prosecute the respondent for having committed perjury. He submits that since the allegations made in the application goes to the root of the matter, without holding an inquiry on the application, the Family Court is not justified in proceeding further on the application filed under Section 125 of Cr.P.C. Accordingly, he prays to allow the petition.
5. Per contra, learned counsel for the respondent has opposed the prayer made in the petition and submits that simultaneous proceedings are being held on the application as well as in the main matter and therefore, the petitioner cannot have any grievance. Accordingly, he prays to dismiss the petition.
6. The material on record would go to show that this Court in Criminal Appeal No.200058/2023 having set -5- NC: 2025:KHC-K:211 CRL.P No. 201304 of 2024 aside the order passed by the learned Principal Judge Family Court, Kalaburagi on the application filed by the petitioner under Section 340 of Cr.P.C., has remitted the matter to the Court of learned Principal Judge Family Court at Kalaburagi to proceed further in the light of observations made in the said judgment and pass appropriate orders on the application filed by the petitioner under Section 340 of Cr.P.C. after holding an enquiry. It is the specific grievance of the petitioner that the learned Principal Judge Family Court, Kalaburagi without holding any enquiry as provided under Section 340 of Cr.P.C. and without complying the order passed by this Court in Criminal Appeal NO.200058/2023, has been proceeding further on the maintenance application file by the respondent in Crl.Misc.No.6/2020.
7. The Coordinate Bench of this Court in W.P.No.19448/2015 disposed off on 31.08.2021 under similar set of facts has held that act of perjury is treated as a heinous offence in all civilized societies, consideration -6- NC: 2025:KHC-K:211 CRL.P No. 201304 of 2024 of complaints with regard to the same cannot be deferred or delayed. In the said case, it is further observed that there is no justification for deferring consideration of application filed under Section 340 of Cr.P.C. to take action for perjury since it touches the purity of judicial proceedings. In the said case, the Coordinate Bench of this Court while allowing the petition has directed the concerned Court to consider the application filed under Section 340 of Cr.P.C. and till such consideration takes place, the main matter was directed to be parked at a bay.
8. This Court in Criminal Petition No.200700/2024 disposed off on 27.06.2024 has observed that if the Court before which application under Section 340 of Cr.P.C. is filed finds prima facie case, the said Court shall hold a preliminary enquiry as provided under Sub-Section (1) of Section 340 of Cr.P.C. and thereafter proceed further as provided under in Sub-Sections (2) and (3) of Section 340 of Cr.P.C. In the case on hand, in Criminal Appeal No.200058/2023, the Coordinate Bench of this Court has -7- NC: 2025:KHC-K:211 CRL.P No. 201304 of 2024 already directed the Family Court to consider the application filed by the petitioner under Section 340 of Cr.P.C. in accordance with law and therefore, the Principal Judge Family Court, Kalaburagi was not justified in proceeding further in the main matter in Crl.Misc.No.6/2020 without holding an enquiry on the application filed under Section 340 of Cr.P.C. as required under the law. Accordingly, the following:
ORDER The criminal petition is allowed. The learned Principal Judge Family Court, Kalaburagi is directed to proceed in accordance with law as directed by this Court in Criminal Appeal No.200058/2023 on the application filed by the petitioner herein under Section 340 of Cr.P.C. before proceeding further on the application filed by the respondent under Section 125 of Cr.P.C., which is pending before the Court of Principal Judge Family Court, Kalaburagi in Crl.Misc.No.6/2020. -8-
NC: 2025:KHC-K:211 CRL.P No. 201304 of 2024 It is needless to state that effort shall be made by the learned Principal Judge Family Court, Kalaburagi to hold an enquiry and pass appropriate orders on the application filed by the petitioner under Section 340 of Cr.P.C. as expeditiously as possible.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE SRT List No.: 1 Sl No.: 34 CT:PK