Roop Singh vs Smt. Anita
2025 Latest Caselaw 4791 MP

Madhya Pradesh High Court

Roop Singh vs Smt. Anita on 25 February, 2025

Author: Gurpal Singh Ahluwalia

Bench: G. S. Ahluwalia

NEUTRAL CITATION NO. 2025:MPHC-GWL:3955


                                   1                CRR No. 997 of 2020

     IN THE HIGH COURT OF MADHYA PRADESH
                 AT G WA L I O R
                              BEFORE
          HON'BLE SHRI JUSTICE G. S. AHLUWALIA

              CRIMINAL REVISION No. 997 of 2020
                          ROOP SINGH
                             Versus
                    SMT. ANITA AND OTHERS


Appearance:
      Ms. Ankita Sharma - Advocate for applicant.
      Shri Manoj Kumar Dwivedi - Advocate for respondent No.1.


                  Reserved on:         11/02/2025

                  Pronounced on:       25/02/2025

                                 ORDER

This criminal revision, under Section 397/401 of Cr.P.C., has been filed against the order dated 10.02.2020 passed by IV Additional Sessions Judge, Bhind in Criminal Appeal No.114/2019 arising out of the order dated 19.07.2019 passed in MJCR No.168/2017 by which interim monetary relief under Section 23 of Protection of Women from Domestic Violence Act (for short "DVA") to the extent of Rs.10,000/- per month has been awarded to respondents.

2. The facts necessary for disposal of the present revision, in short, are that respondent No.1 has filed an application under Section 12 of DVA by leveling multiple allegations and it was prayed that respondent No.1 may be awarded monetary relief of Rs.5,000/- whereas four minor NEUTRAL CITATION NO. 2025:MPHC-GWL:3955

daughters of respondent No.1 may be awarded Rs.4,000/- per month each and in all monetary relief of Rs.21000/- i.e. Rs.5000/- for respondent No.1 and Rs.4000/- each to four children may be awarded.

3. It appears that an application under Section 23 of DVA was filed. The Trial Court by order dated 19.07.2019 rejected the said application. Being aggrieved by the said order, respondent No.1 preferred an appeal which was registered as Criminal Appeal No.114/2019 and by order dated 10.02.2020, appellate Court has allowed the criminal appeal and awarded Rs.10000/- per month by way of interim monetary relief for maintenance of respondent No.1 and her four minor children. It was directed that interim monetary relief would be payable from 19.07.2019 till final conclusion of the case.

4. Document No.2005/2022 was filed by applicant mentioning therein that applicant has already paid Rs.2,80,000/- to respondent No.1. Thereafter, I.A.No.5785/2022 was filed by respondent No.1 seeking a direction against applicant for deliberately filing false affidavit. It was the contention of respondent No.1 that applicant has filed forged copy of affidavit purportedly filed by respondent No.1 thereby admitting receipt of Rs.2,80,000/-. Accordingly, this Court by order dated 29.04.2022 directed the Trial Court to conduct an inquiry with regard to correctness of copy of affidavit which has been filed by applicant before this Court. In compliance of aforesaid order, JMFC has submitted following report:-

"To.

Respected O.S.D./Registrar Honorable High Court of Madhya Pradesh, Gwalior Bench, Gwalior (MP) Subject:- Letter no. 6427 Dated 06/05/2022. Refrence:- Compliance of Honorable Court order dated 29.04.2022 in Cr.R. No.997/2020 (Roop Singh Vs Anita). NEUTRAL CITATION NO. 2025:MPHC-GWL:3955

Respected Sir, As per your direction, the undersigned has conducted the enquiry after giving due opportunity of being heard to both the parties and perusing the material on record and has arrived at the following conclusion-

1- No affidavit has been filed by Mrs. Anita Devi in Mc.R.C. No. 168/2017 (Decided on 19.07.2019) on 07.12.2020 before Judicial Magistrate First Class, Lahar, Distt. Bhind (M.P.) whose purported photocopy has been filed by Mr. Roop singh as Doc. No. 2005/2022 before the Honorable Court along with affidavit and list of documents on 22.02.2022.

2- No affidavit has been filed by Mrs. Anita Devi in Mc.R.C. No. 168/2017 (Decided on 19.07.2019) on 07.12.2020 before Judicial Magistrate First Class, Lahar, Distt. Bhind (M.P.) whose purported photocopy has been filed by Mrs. Anita Devi in response to the aforesaid alongwith I.A. No. 5785/2022 before the Honorable Court along with affidavit on 05.04.2022.

3- On perusal of the above purported photocopy filed by Mr. Roop Singh, it is evident from a look of the first page of the same that it has been filed in MJCR/74/2020, which happens to be execution proceedings of Judgment dated 10.02.2020 in Cr.A. NO. 114/2010 passed by the 4th Additional Sessions Judge, Distt. Bhind (M.P.) arising out of judgment/order dated 19.07.2019 passed Judicial Magistrate First Class, Lahar, Distt. Bhind (M.P.) in Mc.R.C. 168/2017. On summoning the record of the aforesaid execution proceedings from the concerned court and on perusal of the same, it is to be found that no such affidavit has been presented by Mr. Roop Singh before the NEUTRAL CITATION NO. 2025:MPHC-GWL:3955

said Court in of the orginal and only a purported photocopy same has been filed by him alongwith the list of documents.

4- On perusal of the above purported photocopy filed by Mrs. Anita Devi, it is evident after going through the same that there are various instances of overwriting and additions and omissions present, and especially the date on which it was notarized has been tampered with. After summoning the concerned notary, it has been found that the above purported photocopy has been notarized on 08.12.2015, i.e. when the case in question was not even instituted. No original of this too has been found. on record.

In order to conduct this enquiry parties were summoned alongwith their respective advocates and the concerned notary and depositions have been recorded and annexed herewith and their arguments were heard at length. The concerned page of the notary register has also been exhibited and a self attested copy of the same has been annexed herewith."

5. Thus, it is clear that applicant has filed a copy of forged affidavit before this Court. Applicant has filed I.A. No.752/2024 in which he has mentioned that in fact photocopy of affidavit which was relied upon by the applicant was sent by his wife directly to department and not to the Court, which was inadvertently mentioned by applicant in his affidavit. Thus, it is clear that there is a serious dispute as to whether any affidavit was given by respondent No.1 either to the Court or to the department of applicant, but one thing is clear that applicant has not filed any document to show that amount of Rs.2,80,000/- was paid by cheque. In the light of Section 269SS of Income Tax Act, any cash transaction NEUTRAL CITATION NO. 2025:MPHC-GWL:3955

exceeding Rs.20,000/- is not permissible as per law. Furthermore, in document No.2005/2022 which is affidavit of applicant, it was submitted by applicant that respondent No.1 has submitted her affidavit with regard to payment of Rs.2,80,000/- in Court on 07.12.2020 and the said statement has been found to be incorrect.

6. The affidavit which was filed as document No.2005/2022 reads as under:-

"In the High Court of Madhya Pradesh Bench at Gwalior

...Petitioner Roop Singh

V/s ...Respondents Smt. Anita and others

Affidavit

1, Roop Singh S/o Shri Baburam Parihar Age 36 years, Occupation Nayak in Army R/o Machand Road Village Khitoli P.S. Mihona District Bhind, at present Foour Jat Regiment Ambala C/o 56APO, do hereby state on oath and solemnly affirm as under:-

1. That, I am petitioner in the revision, I after taking loan from my relatives have paid money of rupees 2,80,000/- to respondent, and she has also submitted her affidavit in this regard in Court on 07.12.2020. Copy of the Affidavit submitted by respondent Smt. Anita is being filed as Annexure A.

2. That, the respondent is residing in my house situate at ward no.4 Village Khitoli and also getting the rent from tenant @ 3000/- P.M. namely Kamlesh S/o Munsi.

3. That, I am maintaining the respondent, and I providing NEUTRAL CITATION NO. 2025:MPHC-GWL:3955

her all household material, and she is also ready to live with me at my posting but her father and brother are not permitting her to live with me, as they are enjoying in the my parental house.

4. That, it is also submitted here that I am on leave since 09.02.2022 and tried to meet respondent no.1 on 16.02.2022 but she is not at house since 16.02.2022 and house has been locked.

               Date 22.2.2                           Affiant


                                     Affirmation

I, hereby makes statement on oath that the contents of affidavit are true and correct as to my personal knowledge.

Date 22.2.22 Affiant"

7. Furthermore, in MCRC No.51437/2024 which has been decided by order dated 06.12.2024, again a statement was made by counsel for applicant that applicant has paid Rs.2,80,000/- whereas there is serious doubt as to whether applicant has ever paid Rs.2,80,000/- to respondent No.1 or not.

8. Filing of a forged affidavit is an offence. Under these circumstances, Principal Registrar of this Court is directed to lodge an FIR against applicant for filing the forged affidavit before this Court.

Admittedly, respondent No.1 is the legally wedded wife of applicant. Four children were born out of the wedlock. Furthermore, counsel for applicant did not argue as to how order passed by appellate Court suffers from perversity.

9. Accordingly, order dated 10.02.2020 passed by IV Additional Sessions Judge, Bhind in Criminal Appeal No.114/2019 is hereby NEUTRAL CITATION NO. 2025:MPHC-GWL:3955

affirmed.

10. With aforesaid direction, this criminal revision is finally disposed of.

(G.S.Ahluwalia) Judge

Rashid

Date: 2025.02.25 18:22:26 +05'30'