Criminal Contempt or Purjury U/S 340 CrPC and U/S 193 IPC

686 votes

If the settlement is drawn by fraud or misrepresentation, the same can be assailed by the party and can be quashed. However the terms of settlement and fraud needs to be discussed in detail for better advice. Feel free to connect. Thanks

Advocate Bhawana Pandey LawRato

797 votes

yes you can move the separate application for forgery against the plaintiff. if he concealed any documents and he. not mentioned in their affidavit then definitely you can move forgery against plaintiff

Advocate Sakshi Mishra LawRato

852 votes

Hi there, the key points in this situation will be if the false affidavit was filed in the court or not. For instance, if the false affidavit was attached with plaint and the same was taken up in court for consideration then you can definitely file for perjury. Being a criminal case it can run independently of the settled case. It's advisable to contact me and provide more details to assist you better.

Advocate Ishan Parashar LawRato

944 votes

Yes if party’s filed false affidavit and oath in court then there can be action for purjury or criminal contempt, court can entertain it with different action and yes it can be filed against plaintiffs with separate petition with in concerned court

Advocate Deepak Ranjan LawRato

670 votes

Yes, a separate legal action may still be possible even if the civil suit was settled through mediation and disposed of by the court, but the procedure is slightly different when the allegation concerns false statements made before the court. When a party files a false affidavit or gives false evidence on oath in judicial proceedings, it may amount to offences such as perjury under Indian Penal Code, 1860 (particularly Sections 191, 193) or giving false evidence. However, prosecution for such offences cannot normally be initiated directly by a private complaint because of the bar contained in Code of Criminal Procedure, 1973 Section 195. Under Section 195 read with Section 340 CrPC, the proper procedure is to file an application before the same court which recorded the affidavit or before the court that decided the matter. The court will then examine whether it is expedient in the interest of justice to initiate proceedings for perjury. If the court finds prima facie that a deliberate false statement was made, it may direct filing of a complaint against the concerned party before the competent Magistrate. The fact that the civil suit was settled through mediation does not automatically bar perjury proceedings, because the cause of action for perjury is independent and relates to the integrity of judicial proceedings. However, courts generally initiate such action only when the false statement is material, intentional, and has affected the administration of justice. Criminal contempt may arise only in exceptional situations where the act interferes with the administration of justice. In most cases involving false affidavits, courts prefer the perjury route under Section 340 CrPC rather than contempt proceedings. Therefore, if you possess clear evidence that the affidavit filed by the plaintiff was knowingly false and material to the case, you may move an application under Section 340 CrPC before the concerned court seeking initiation of perjury proceedings. The court will then decide whether prosecution should be initiated. In summary, a fresh civil case on the same settled issue may not be maintainable, but perjury proceedings through an application under Section 340 CrPC before the same court are legally permissible if sufficient evidence of false statements exists.

Advocate Yuganshu Sharma LawRato