When may a court decline to initiate criminal contempt despite a threat having been held out to it?

Where the person has shown repentance by tendering an unconditional apology and giving an undertaking not to repeat the misconduct. The Court proceeded on the view that if magnanimity is to be shown by someone, it should be shown by the persons holding the highest constitutional office, and in view of that apology and the peculiar facts it deemed it proper not to initiate any action.

Constitution of India — Art. 142 — Indian Penal Code, 1860 — ss. 294(b), 323, 506(1) — Cross FIRs — Quashing — Criminal contempt — Unconditional apology — Members of the Bar — Criminal contempt — Threat held out to the Court — Member of the Bar — Held: A threat to commit suicide held out to the Court if it quashes an FIR amounts to interference with the administration of justice; it is contemptuous and unbecoming of a member of the Bar. (¶11, 13) Criminal contempt — Unconditional apology and undertaking — Magnanimity — Held further: Such threats must in the normal course be taken very seriously and contempt action carried to its logical end; but where repentance is shown by an unconditional apology and an undertaking not to repeat, magnanimity may be shown instead. (¶13, 14) Constitution of India — Art. 142 — Cross FIRs — Quashing on apology — Held further: Where cross FIRs between members of the same Bar rest on one incident and the party who lodged one of them tenders an unconditional apology on oath and has no objection to quashing, both proceedings may be quashed under Article 142. (¶16, 17) Duty of the Court — Substantial justice — Litigant against his own interest — Held further: Even where litigants are not in a position to understand what is in their best interest, it is the duty of the Court to deliver substantial justice; appeal allowed and the FIRs quashed to the extent indicated. (¶15, 17)

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