1. The applicant is the husband of the non-applicant no.2 herein. He is facing prosecution vide Regular Criminal Case No. 154 of 2011, pending before the Judicial Magistrate (First Class), Sakri [District : Dhule]. The said case arises on a complaint filed by the non-applicant no. 2 herein. The learned Magistrate has, by an order dated 22-8-2011, issued process against the applicant, requiring him to answer to the charge of offences punishable under Sections 193 of the IPC, 465 of the IPC and 471 of the IPC. Being aggrieved thereby, the applicant has filed this Application invoking the inherent powers of the court and praying that the proceedings of the said Criminal Case be quashed.

2. For the sake of convenience and clarity, the applicant shall hereinafter be referred as "the accused", and the non-applicant no.2 as "the complainant".

3. I have heard Mr. R.S. Deshmukh, the learned Counsel for the accused. I have heard Mr. R.N. Dhorde, the learned Senior Advocate for the complainant. I have heard Mr. P.N. Muley, the learned Additional Public Prosecutor for the State.

4. I have been taken through the Application, and the annexures thereto. I have also gone through the original record and proceedings of the trial court.

5. The case of the complainant, as revealed from the complaint, is, in brief, as follows:

That, the complainant married the accused on 30-5-2002. They have a daughter -Ms. Pooja. That, the complainant was not being treated properly by the accused and his relatives / family members. That, on 20-4-2009, the brother of the complainant was to get married at Sakri. The accused, therefore, sent the complainant and Pooja to Sakri on 17-4-2009 for attending the marriage ceremony. That, the accused deliberately did not go for the marriage of complainant's brother which was to be performed on 20-4-2009.

Later on i.e. on 25-8-2009, the accused lodged a report at Sakri Police Station, against the father of the complainant, alleging that the complainant's father had raped Pooja while she was staying at Sakri along with the complainant. Based on this report, a case in respect of offences punishable under Section 376 of the IPC, read with Sections 511 of the IPC and 506 of the IPC was registered against the complainant's father. (The said case was pending at the time when the complaint in R.C.C. No. 154/2011 came to be filed by the complainant before the Judicial Magistrate (First Class), Sakri, but has since been decided.) That, the complainant was driven out of the matrimonial house, by the applicant and his mother-in-law, on 31-7-2009. The complainant, on 16-10-2009, instituted proceedings under the Protection of Women from Domestic Violence Act (vide Criminal Misc. Application No. 263/2009), and for maintenance under Section 125 of the Code of Criminal Procedure, 1973 (vide Criminal Misc. Application No. 261/2009), in the court of Judicial Magistrate (First Class), Sakri. In those proceedings, the accused filed his affidavits in lieu of the examination in chief. The accused had also annexed some documents to the said affidavits and had produced the same along with it in the court. That, the accused had, in his affidavit, inter alia, stated as follows:

Translated in English, it would read thus:

“As the marriage of the applicant's brother Kamlesh was to be performed at Sakri, on 20-4-2009, I had sent the applicant and daughter Pooja to Sakri on 15-4-2009. As I had election duty, I could not remain present.”

That, the accused had also annexed two documents to his affidavit.

6. The grievance of the complainant is that, the claim of the accused, that, he could not attend the marriage of her brother due to election duty, is false and that, the documents submitted by him to show that, were also false. It appears that the complainant made some enquiries and sought certain information from the concerned authorities and learnt that the accused, who works as a Clerk in the office of Chief Metropolitan Magistrate, Mumbai, was