JUDGMENT

Dr. Arijit Pasayat, J.—

1. Leave granted.

2. Challenge in this appeal is to the order passed by the learned Single Judge of Madhya Pradesh High Court allowing the petition filed in terms of Section 482 of the Code of Criminal Procedure, 1973 (in short ‘the Code’).

3. Background facts, in nutshell, are as follows:

The present respondent No.1 was married to Mukesh Arya (hereinafter referred to as ‘deceased’) in the year 2003. According to the prosecution, the deceased was working as Civil Judge and was posted at the relevant time at Itarsi. Respondent No.1’s in laws did not approve of the marriage as the respondent No.1 belonged to an upper caste while the deceased belonged to the Scheduled Caste. A child was born to them. The deceased consumed some poisonous substance and lost his life on 18/3/2007.

4. It was the case of the prosecution that during enquiry it surfaced that the respondent No.1 accused used to harass the deceased and subject to mental cruelty as she belonged to higher caste and she did not like association of deceased with his parents and relatives. This was stated to be the ground of suicide and the accused abetted the suicide. Charge sheet was filed in Cour