In Brief
A husband (Aarish) and wife (Sana) underwent matrimonial proceedings. In seeking anticipatory bail, Aarish alleged in court that Sana was having an affair and had willfully abandoned the matrimonial home. Sana's family disputed these statements. The High Court, relying on a preliminary police report, initiated perjury proceedings under Section 340 Cr.P.C. against Aarish. The Supreme Court allowed his appeal. It held that perjury prosecutions require deliberate false statements tested against unimpeachable evidence; where underlying allegations remain unproven, no such comparison is possible. A preliminary police report cannot serve as unimpeachable evidence. The Court found the High Court's grounds insufficient to justify initiating perjury proceedings.
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