JUDGMENT :

1. It is idiomatically said that 'Dead men tell no tales'. But, sometimes, before a man crosses over to the netherworld, he may speak his mind or tell the circumstances that led to his death – homicidal or suicidal. In cases of suicide, an authentic and dependable suicide note is the most sterling evidence about what drove the man to take his own life.

2. This application under Section 482 of the Code of Criminal Procedure, 1973, for short “the Code”, seeks to challenge the impugned charge-sheet bearing number 219A of 2019 dated November the 15th, 2019 submitted in Case Crime No. 223 of 2019, under Sections 306, 506 of the Indian Penal Code, 1860, for short “IPC”, Police Station -Meerapur, District-Muzaffarnagar and the entire proceedings in Case No. 1984/9 of 2019, pending before the learned Additional Chief Judicial Magistrate, Court No. 3, Muzaffarnagar, as against the applicant. This application calls in question the aforesaid charge-sheet, primarily on the ground that no prima facie case against the applicant is disclosed on the basis of material carried in the impugned charge sheet, about her involvement in abetting the suicide committed by her brother-in-law (her sister's deceased husband), the Late Mohan Kumar.

3. This prosecution commenced on a First Information Report, for short “FIR” lodged by the deceased's brother, Rahul Kumar Sharma, on 28.07.2019, about the suicidal death of his brother on 25th of July, 2019. The FIR nominates the deceased's in laws, numbering seven, including his wife Smt. Menka alias Monty, his mother-in-law Smt. Kusum Lata, his three sisters-in-law, to wit, Indu Sharma, Chhaya Sharma and Romika Sharma, besides his brother-in-law Rajat Sharma. Another person nominated is one Rajendra Chaudhary, said to be an uncle of sorts to the deceased's in-laws. The applicant is not named in the FIR. The substance of the information, addressed to the police, says that the named in-laws of the deceased were frequently troubling him and he was in distress. Rajendra Chaudhary had repeatedly threatened the deceased to death and demanded money of him. The deceased had shared the last mentioned fact with the informant, but his in-laws would not give up on their wayward conduct and Rajendra Chaudhary and the other in-laws would repeatedly demand money of the deceased. It is reported that distressed over this issue, on 25.07.2019, at 12 O' Clock, the deceased jumped off the bridge built over the Ganga barrage, and into the river, committing suicide. It is also said that he had left home, riding the informant's motorcycle, which was later on found. A suicide note in the deceased’s handwriting was found at the informant's Dharm Kanta, wherein the deceased had blamed harassment by his wife and in-laws as the cause driving him to commit suicide. It is said in the closing lines of the FIR that the deceased did commit suicide because of the harassment that his wife and in-laws inflicted on him.

4. Heard Mr. V.M. Zaidi, leanred Senior Advocate, assisted by Mr. Imran Khan, learned Counsel for the applicant, Mr. Amit Daga, learned Counsel appearing on behalf of opposite party no. 2, and Mr. Deepak Mishra, learned Additional Government Advocate appearing on behalf of the State.

5. Mr. V.M. Zaidi, learned Senior Advocate, has primarily submitted that no prima facie case is made out against the applicant, as the allegations and the material collected during investigation do not show that there was any act done by the applicant vis-à-vis the deceased, that may be said to constitute either ‘instigation’ or a ‘conspiracy’ with the other co-accused, or ‘aid’ within the meaning of Section 107 IPC that led the deceased to commit suicide. He submits that in the absence of any material about an act or omission constituting instigation, conspiracy or aid on the applicant's part, that led the deceased to commit suicide, no case worth trial against the applicant is prima facie made out. He submits that on this ground, the impugned