ORDER

1. These suo motu proceedings were initiated in pursuance to a reference sent by the First Additional Principal Judge, Family Court, Bhopal under section 15(2) of the Contempt of Courts Act, 1971 (hereinafter referred to as ‘the Act of 1971’) for registration of a criminal contempt against respondent/accused Smt. Meenakshi Gajbhe w/o Shrikant Gajbhe with a prayer to punish her under Section 15(2) of the Act of 1971 as she has submitted applications before the Court levelling contemptuous allegations against the Presiding Officer.

2. The facts in nutshell are that a Miscellaneous Criminal Case No.186 of 2015 (Smt. Meenakshi Gajghe v. Shrikant K. Gajghe) under section 125 of the Code of Criminal Procedure is pending before the First Additional Principal Judge, Family Court, Bhopal. During pendency of the case, the respondent/contemnor who is the applicant in the case has submitted applications dated 4.7.2018 and 18.7.2018 levelling contemptuous allegations against the Presiding Officer. Some other contemptuous acts committed by the contemnor have also been mentioned in the reference. A show cause notice was issued to the respondent/contemnor, but she refused to receive it. The Presiding Officer had recorded the statements of the employees of his Court and submitted the reference along with relevant documents.

3. The High Court took cognizance of the reference and documents annexed therewith and found that the respondent/contemnor has levelled contemptuous allegations against the Presiding Officer with a view to scandalize and lower the dignity and authority of the Court. Hence, with the approval of the Hon’ble Chief Justice, the present criminal contempt has been registered suo motu against the respondent/contemnor.

4. Notice was issued to the respondent/contemnor and a reply has been filed denying all the allegations made in the reference by the First Additional Principal Judge, Family Court, Bhopal. It is stated in the reply that she has filed a case under section 125 of the Code of Criminal Procedure against her husband and vide order dated 8.12.2015, an amount of Rs.20,000/- per month was directed to be paid to her. But in spite of the recovery warrants issued, the payment has not been made to her. On 18.12.2017 and 29.1.2018 recovery warrants have been issued despite the fact that her husband was present in the court premises. On 8.5.2018 one lady namely Chanda had appeared before the Court and tried to cross-examine her in place of the applicant. An additional return has also been filed reiterating the various allegations against the Presiding Officer.

5. Heard the learned counsel for the respondent and perused the record.

6. It is undisputed that a case under section 125 of the Code of Criminal Procedure is pending before the First Additional Principal Judge, Family Court, Bhopal and during pendency of the case, the respondent/contemnor who is the applicant in the case has submitted two applications dated 4.7.2018 and 18.7.2017 questioning the working of the Judicial Officer and levying allegation regarding corruption and misuse of his position. There are other instances also which come within the purview of criminal contempt enclosed as Annexure M, N, and O in the reference made by the First Additional Principal Judge.

7. Prior to initiation of the contempt proceedings against the respondent/contemnor, an enquiry was conducted by the Registrar (Judicial-II) and the reference made by the First Additional Principal Judge, Family Court, Bhopal was found to be correct and a decision was taken to initiate contempt proceedings against the respondent/contemnor keeping in view of the repeated acts done by her. The respondent/accused filed a reply and additional return denying allegations leveled against her. However, she has tendered unconditional apology for the acts done by her vide an application (I.A.No.5249 of 2023) along with affidavit.

8. At this stage, the provision of the Criminal Contempt as defined under section 2(c) of