Rizwan Ullah vs Muhammad Din Ss — 2026 MLD 563 PESHAWAR-HIGH-COURT

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Rizwan Ullah VS Muhammad Din Ss. 195 & 476---Penal Code (XLV of 1860), S. 193---Furnishing false information in judicial proceedings---Discretion of Court to initiate proceedings under S. 195, Cr.P.C.---Respondent No. 3 filed a family suit for the recovery of dower, maintenance for herself and the minor children against the petitioner---Respondent alleged that petitioner falsely furnished a statement that petitioner had divorced her, whereas a compromise deed was submitted confirming that the relationship of husband and wife between the parties existed, which constituted false evidence and perjury---Validity---Section 195, Cr.P.C. is an exception to the general rule that any person, having knowledge of commission of an offence, sets the law in motion by a complaint, even though he is not presently interested or affected by the offence---Thus, it mandates that no Court has jurisdiction to take cognizance of the offences mentioned therein unless there is a complaint in writing required under this section---In the present case, it was an admitted fact that the marriage between the petitioner and respondent No.3 was contracted in 2015 and subsequently, differences arose leading to litigation before the Family Court, where the matter of alleged divorce was still sub judice---Respondent No.3, in her plaint and affidavit, had asserted that she had been divorced by the petitioner---Court, during the earlier writ proceedings, even made efforts for reconciliation by appointing a mediator, however, the attempt failed---Since the question of divorce and marital status of the parties was pending adjudication before the Family Court, High Court at this stage could not determine the truth or falsity of the affidavit or statements made by respondent No. 3---There was no denial to the legal proposition that all courts, including the Family Court, were empowered under S.195 & 476, Cr.P.C. to take cognizance of perjury committed before them---Purpose of the provisions is that whenever it appeares to a Court, whether through an application or otherwise, that the stated offence mentioned in S.195, Cr.P.C appears to have been committed in or in relation to any proceedings in that Court and the Court is of the opinion that it is expedient in the interest of justice that a complaint should be lodged against the offending person, then Court is duty bound to lodge such a complaint---Said provisions act as a check against false evidence and authorize the concerned Court to proceed against any person who misled it by perjured testimony---However, in the present case, as the family suit was pending before the competent forum, it was for that Family Court to examine, in due course, the veracity of the statements and evidence produced before it---High Court could not, at this stage, record findings regarding the alleged falsity of the affidavit or compromise deed annexed by the petitioner---Application, being without merit, was dismissed.

Rizwan Ullah vs Muhammad Din Ss — 2026 MLD 563 PESHAWAR-HIGH-COURT

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