NISHA CHANDOLA & ANR. vs MANOJ SHARMA AND ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 24th MARCH, 2026 IN THE MATTER OF: CRL.M.A. 6275/2026 IN + CS(OS) 246/2023 NISHA CHANDOLA & ANR ......Plaintiffs Through: In person. versus MANOJ SHARMA AND ANR ......Defendants Through: Ms. Shruti Kapur, Advocate for D-1. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT CRL.M.A. 6275/2026 1. The instant application is filed under Section 340 of the Criminal Procedure Code, 1973 (hereinafter referred to as “CrPC”) for initiation of perjury proceedings against the Defendant No. 1 for making false statements on oath. 2. The present suit is one for partition, rendition of accounts and recovery of amounts due to the Plaintiffs from the Defendants. 3. The facts of the case, as mentioned in the Plaint, reveal that the Parties are the children of one Late Ram Chander Sharma, who died intestate on 28.04.2022. The Petitioners and Defendant No. 2 herein are the daughters of the deceased, whereas the Defendant No. 1 is the son of the deceased. It is stated that during his lifetime, the deceased acquired various Signature Not Verified Signed By:PRATEEK CS(OS) 246/2023 Page 1 of 10 Signing Date:24.03.2026 15:47:31 movable and immovable properties, which are mentioned in Paragraph No. 3 of the Plaint. The Plaintiffs, raising apprehensions of Defendant No. 1 misappropriating money from the suit properties, filed the instant suit seeking partition in all the properties mentioned in the Suit Schedule. 4. The instant application was listed on 25.02.2026. Petitioner No. 1 was appearing in-person before this Court via Video Conferencing. 5. On the said date, this Court puts a pointed question to the Petitioner No. 1 as to why the criminal proceedings under Section 340 of the CrPC are to be initiated against the Defendant No.