SMCP. 8-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL SUO-MOTU CONTEMPT PETITION No. 8 OF 2011 High Court on its own Motion ... Petitioner Vs. Sanjay Sudhir Kulkarni & Anr. ... Respondents Mr. Niranjan Mundargi, Appointed as Amucus Curiae to represent the Petitioner. Mr. A. V. Mandlik, Mr. R. B. Paranjape i/b A. V. Mandlik, for the Contemnor Respondent Nos. 1 and 2. Mrs. P. H. Kantharia, APP for the State. *** CORAM : V. M. KANADE, & A. M. THIPSAY, JJ. DATE : AUGUST 24, 2011 PC: 1. Heard the learned counsel appearing on behalf of contemnors, respondent Nos. 1 and 2. A reference has been made under Section 15(2) of the Contempt of Courts Act. Respondent No.2 sent a letter to the Jt. Civil Judge, Sr. Division, Kalyan in which various allegations were made against him for deciding the matrimonial proceedings against respondent No.1 and a complaint was also made to the Registrar General, Mumbai. The trial Court has passed an order and has referred under Section 15(2) of the said Act, a SMCP. 8-11 - 2 - show-cause notice was issued. Respondent Nos. 1 and 2 have filed affidavit-in-reply. Respondent No. 2 has tendered his unconditional apology to this Court as well as to the learned Civil Judge, Sr. Division, Kalyan. He also expressly stated that he is repenting for signing the letter. He has further mentioned that the said complaint was made only out of frustration. Both the respondents are present in the Court. In our view, taking into consideration the peculiar facts and circumstances of the case and in view of repentance expressed by both the respondents, it would be appropriate if the unconditional apology tendered by the respondents is accepted and the contempt proceedings initiated against them are discharged. Rule, therefore, issued against the respondents under the Contempt of Courts Act is discharged, after accepting an unconditional apology tendered by both the respondents in their affidavit dated 24th August, 2011. 2. The copy of this order along with copies of affidavit filed by respondent Nos. 1 and 2 be communicated to Mr. A. K. Patani, the then Jt. Civil Judge, S. D. Kalyan or to the place where at present he is posted. [ A. M. THIPSAY, J.] [ V. M. KANADE, J.]