Neutral Citation No. - 2025:AHC:132318 Court No. - 81 Case :- CRIMINAL APPEAL No. - 11497 of 2024 Appellant :- Abhishek Jain Respondent :- State of U.P. and Another Counsel for Appellant :- Ronak Chaturvedi Counsel for Respondent :- G.A.,Kumar Dhananjay Hon'ble Manoj Bajaj,J. Appellant–Abhishek Jain has filed this appeal under Section 341 Code of Criminal Procedure for setting aside the impugned order dated 18.10.2024 passed by Principal Judge, Family Court, Ghaziabad in Misc. Case No.448 of 2022; titled Abhishek Jain vs. Smt. Urvashi Jain, whereby his application under Section 340 Code of Criminal Procedure alleging perjury by the opposite party no.2- wife, has been dismissed. Learned counsel for the appellant-husband has argued that the opposite party no.2- wife in her application under Section 125 Code of Criminal Procedure had deliberately concealed vital financial information, particularly her sources of income and liabilities. Attention of the Court has been drawn to affidavits dated 26.07.2021 and 04.01.2022 filed by the opposite party no.2, to contend that opposite party no.2 stated that she had no source of income, whereas Income Tax Returns for Assessment Years 2019-2020 and 2020- 2021 allegedly indicate income of Rs.28,540/- and Rs.29,823/- per month, respectively, as well as annual interest income of Rs.4,000/-. He further submits that these omissions and contradictions amount to deliberate falsehood, therefore, perjury for action under Section 340 Code of Criminal Procedure is made out, and the trial court has ignored this material while passing the impugned order dated 18.10.2024. After hearing the learned counsel and considering his submissions, this Court does not find any merit in this appeal. In litigation concerning maintenance under Section 125 Code of Criminal Procedure, both parties are entitled to plead their respective versions before the court, and discrepancies or omissions in the affidavits may be relevant for adjudication of the issues and may affect the credibility of the party, but do not necessarily constitute perjury, unless there is a clear case of forged or fabricated documents. The trial court has carefully considered the submissions and the material placed on record before passing the impugned order dated 18.10.2024. This Court finds no illegality or perversity in the said order, which would warrant interference in the exercise of appellate jurisdiction. Resultantly, the appeal is dismissed summarily. Order Date :- 5.8.2025 Raj CRLA No. 11497 of 2024 2 Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad