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2016 Supreme(Bom) 1914

A.S.OKA, P.D.NAIK
Sau. Ashwini @ Rani Youraj Akurde – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Mr. Anand Shivaji Patil
For the Respondents: Ms. M.H. Mhatre, Mr. Abhijeet M. Adagul

JUDGMENT :

A.S. Oka, J.

Heard learned counsel for the Applicant. The Applicant is the wife and second Respondent is the husband.

2. The Applicant-wife has been convicted for the offence punishable under Section 307 of Indian Penal Code ('IPC') by judgment and order dated 2nd June 2012 passed by the Assistant Sessions Judge, Kolhapur. The victim of the offence is the second Respondent who had set criminal law in motion. The Applicant has been sentenced to undergo rigorous imprisonment for six years and to pay fine of Rs. 1,000/-. An appeal preferred by the Applicant being Criminal Appeal No. 101 of 2012 against the orders of conviction is pending before the Sessions Court at Kolhapur.

3. What is pointed out in this petition is that pending the appeal in a petition for divorce filed by the second Respondent, the Applicant-wife and second Respondent-husband have amicably resolved their matrimonial dispute and have agreed to apply for divorce by mutual consent. The petition is pending in the Family Court at Kolhapur.

4. The submission of learned counsel for Applicant is that criminal proceedings were initiated as a result of on-going matrimonial dispute between the Applicant and the second



























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