R.F. Nariman, J. - (1.) Leave granted.
(2.) The present case arises out of a judgment dated 07.03.2018 of the High Court of Judicature at Bombay, in which the High Court felt that a prima facie case has been made out for perjury under Section 340 of the Cr.P.C., and that it would be expedient in the interest of justice to prosecute the appellant before us.
(3.) The present case arises out of matrimonial proceedings in which certain averments have been made in anticipatory bail applications both before the Sessions Court as well as the High Court. Insofar as the anticipatory bail application before the Sessions Court is concerned, the applicants in the aforesaid application stated: "8. That the Applicant No.1 was deeply troubled by these developments and thus approached his mother in law, Naseem Qureshi to ask for her intervention in this matter and in the hope that a mother would be able to talk sense to her own daughter and improve their relations. However, despite the intervention of several family members, there was no change in Sana's behaviour. During this period, it came to light that Sana was having an affair with one Waseem Shaikh who resided in Mahim. The in-laws of the Applicant No.1 admitted that they were aware of this relationship which had been going on prior to the marriage of the Applicant No.1 with Sana but as the said Waseem Shaikh belonged to another community, they did not approve of the relationship and had forced Sana to marry the Applicant No.1. 11. That on the 29th of October, 2016, the Applicant No.1 went to fetch Sana from her maternal home and was completely aghast to find Sana in a compromising position with Waseem Shaikh. That the Applicant No.1 was further shocked that such incidences were occurring right under the nose of his in-laws who were doing nothing to discourage their daughter from maintaining these illicit relations. Thereafter, the Applicants made it clear to the Complainant and his family members that they would not tolerate the continuance of such illicit relations which went against the sacred institution of marriage and demanded that Sana stop all interactions with the said Waseem Shaikh and that she should genuinely try to make her marriage work. However, Sana refused to comply and in November, 2016, Sana left her matrimonial home taking with her various items." When the aforesaid statements were brought to the notice of the Sessions Court, and it was argued before the Sessions Court that these were knowingly false statements deliberately made in order to get favourable orders from the Court, the Sessions Court by a judgment dated 12.02.2018 held: "The accused are charged for the offences punishable under Sections 323, 376(b), 377, 406, 498A, 504 and 506 read with 34 of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act, 1961. F.I.R. was registered on 19-11-2017. Still charge-sheet is not filed before the Court therefore, proceeding against the Accused Nos.1 to 7 is yet to be conducted. Evidence of prosecution witnesses and defence witnesses, if any, are yet to be recorded. After recording of evidence, both parties having an opportunity to cross-examine the witness. Thereafter, it will be decided whether the allegation made by the accused persons are true or false. At this juncture, contradictory statement of Accused Nos. 1 to 7 are before the Court. Now, the truthfulness of the statement is not decided. Admittedly, if the person made false statement before the Court on oath, he is liable for punishment. However, for that purpose, it is necessary to come to the conclusion that the accused persons had made false statement. Merely, on the basis of contradictory statement made by the accused, they cannot be punished, at this juncture, and cannot initiate proceeding under Section 340 of Cr.P.C., as the allegations are yet to be proved in the case filed by the victim. Therefore, this application filed by the applicant is premature.";