02-APL-519-2024.doc Arjun IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.519 OF 2024 Arun Sadashiv Banavali & Anr. …Applicants Versus The State of Maharashtra & Ors. …Respondents WITH COURT RECEIVER REPORT NO.5 OF 2026 IN CRIMINAL APPLICATION NO.519 OF 2024 Arun Sadashiv Banavali & Anr. …Applicants Versus The State of Maharashtra & Anr. …Respondents _______________________________________________________________ Ms. Manjula Rao, Senior Advocate a/w Sahil Mahajan, Saurabh Godbole & Siddhi Patil, for the Applicants. Mr. S. S. Ghag, APP, for the Respondent-State. Mr. Abhay D. Parab (Through Video Conferencing) a/w Shalaka S. Sable i/b Digvijay Rane, for Respondent No.2. Mr. Hitesh Vyas a/w Rasik Raut, for Respondent No.3. Mr. Vivek Walavalkar i/b Sameer Bhalekar, for Ms. Shriya Tejas Phene nee Kanak Arun Banavali. Mr. B. V. Baravkar, Court Receiver, High Court, Bombay, present. Mr. Arun Sadashiv Banavali, Applicant No.1, present. Ms. Chitra Arun Banavali, Applicant No.2, present. Ms. Shriya Tejas Phene nee Kanak Arun Banavali, present. Mr. Nakul Arun Banavali, Respondent No.3, present. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J. DATED: 16 SEPTEMBER 2026 1 ARJUN VITTHAL KUDHEKAR Digitally signed by ARJUN VITTHAL KUDHEKAR Date: 2026.09.19 16:53:27 +0530 02-APL-519-2024.doc P.C.: 1. At the outset, Ms. Rao, learned Senior Counsel appearing for the Applicants, seeks leave to amend the prayer clause by seeking relief of quashing of DV Case No.174/DV/2015. 2. Leave as sought is granted. Amendment be carried out forthwith. Reverification is dispensed with. 3. This Court, by Order dated 3rd September 2026, has recorded the conduct of the Applicants and Ms. Shriya Tejas Phene nee Kanak Arun Banavali and has recorded prima facie satisfaction that the Applicants and said Shriya Tejas Phene nee Kanak Arun Banavali have committed the contempt of this Court. 4. Mr. Walavalkar, learned Counsel appearing for Ms. Shriya Tejas Phene nee Kanak Arun Banavali, submits that said Shriya Tejas Phene nee Kanak Arun Banavali has tendered an unconditional, unqualified and sincere apology to this Court. Mr. Walavalkar, learned Counsel, further submits that an amount of Rs.1,00,00,000 (Rupees One Crore Only) has been received pursuant to the Sale Deed dated 5th May 2026, which has been referred in the Order dated 3rd September 2026. He submits that said Shriya Tejas Phene, the Applicants, who are the parents of said Shriya Tejas Phene nee Kanak Arun Banavali and Respondent No.3, who is the brother of said Shriya, are ready and willing to settle the dispute with Respondent No.2. 2 02-APL-519-2024.doc 5. Applicants are in-laws of the Respondent No.2, said Shriya Tejas Phene is the sister-in-law of the Respondent No.2 and the Respondent No.3 is the husband of the Respondent No.2. 6. Mr. Walavalkar, learned Counsel submits that said Shriya Tejas Phene nee Kanak Arun Banavali, the Applicants and Respondent No.3 have deposited an amount of Rs.65,00,000/- (Rupees Sixty Five Lakhs Only) with the Court Receiver, High Court, Bombay as full and final amount towards all claims of the Respondent No.2. 7. Ms. Rao, learned Senior Counsel of the Applicants submits that the Applicants have tendered unconditional, unqualified and sincere apology to this Court and they are ready to settle the dispute. 8. Mr. Parab, learned Counsel appearing for the Respondent No.2 states that the Respondent No.2 is also agreeable to settle the dispute by accepting said amount of Rs.65,00,000/- (Rupees Sixty Five Lakhs Only) towards full and final settlement of all her claims. 9. Ms. Rao, learned Senior Counsel for the Applicants, Mr. Parab, learned Counsel appearing for Respondent No.2, Mr. Vyas, learned Counsel appearing for Respondent No.3 and Mr. Walavalkar, learned Counsel appearing for said Shriya Tejas Phene nee Kanak Arun Banavali state that the parties have settled the dispute and tender the ‘Consent Terms’. 10. The Consent Terms are signed by Applicant No.1-Arun Sadashiv 3 02-APL-519-2024.doc Banavali, Applicant No.2-Chitra Arun Banavali, Respondent No.2- Poonam Nakul Banavali and Respondent No.3.-Nakul Arun Banavali and said Shriya Tejas Phene nee Kanak Arun Banavali. All of whom are personally present in Court and state that all of them have signed the Consent Terms and settled the dispute in terms of the Consent Terms. The Consent Terms are also signed by the respective Advocates of the parties and they identify signatures of the respective parties. 11. Accordingly, the Consent Terms are taken on record and marked “X” for identification. The Consent Terms read as under: 4 02-APL-519-2024.doc 5 02-APL-519-2024.doc 6 02-APL-519-2024.doc 7 02-APL-519-2024.doc 8 02-APL-519-2024.doc 9 02-APL-519-2024.doc 10 02-APL-519-2024.doc 11 02-APL-519-2024.doc 12 02-APL-519-2024.doc 13 02-APL-519-2024.doc 14 02-APL-519-2024.doc 12. Various statements made in the Consent Terms are accepted as undertakings given to this Court. 13. In view of the Consent Terms, the DV proceedings bearing CC No. 174/DV/2015, are quashed and set aside, by consent. 14. The Applicants and said Shriya Tejas Phene nee Kanak Arun Banavali have tendered unconditional, unqualified and sincere apology to this Court. They have also purged the Contempt by deposing an amount of Rs.65,00,000/- with the Court Receiver, High Court, Bombay. Accordingly, apologies tendered by them are accepted. 15. The Applicants and said Shriya Tejas Phene nee Kanak Arun Banavali further state that they are ready and willing to pay costs in the following manner: i. Demand Draft No.049265 dated 15/09/2026, issued by ICICI Bank in favour of Kirtikar Law Library, for Rs.1,00,000/- (Rupees One Lakh only); and ii. Demand Draft No.049266 dated 15/09/2026, issued by ICICI Bank in favour of High Court Employees Medical Welfare Fund At Mumbai, for Rs.1,00,000/- (Rupees One Lakh only). Thus, an amount of Rs.2,00,000/- is paid towards costs. 16. In view of above, as the contempt is purged and as the apology is tendered by the Applicants and said Shriya Tejas Phene nee Kanak Arun Banavali, no further action needs to be taken against the Applicants and 15 02-APL-519-2024.doc said Shriya Tejas Phene nee Kanak Arun Banavali. 17. As Demand Draft of Rs.65,00,000/- (Rupees Sixty Five Lakhs Only) has been deposited with the Court Receiver, High Court, Bombay, the Court Receiver, High Court, Bombay, shall immediately handover possession of the premises bearing Flat No. D-601, Mahindra Splendour, L.B.S. Marg, Bhandup (West), Mumbai-400 078, to the Applicants. 18. Ms. Rao, learned Senior Counsel for the Applicants, states that, apart from the aforesaid amount of Rs.65,00,000/- deposited with the Court Receiver, the Applicants have also reimbursed to the Respondent No.2 an amount of Rs.26,206/- towards Police protection, an amount of Rs.10,000/- towards photography/video-shooting and an amount of Rs.50,000/- deposited with the Court Receiver. Thus, an aggregate amount of Rs.86,206/- has been paid by the Applicants to Respondent No.2. 19. Accordingly, after taking accounts, the Court Receiver shall pay the balance amount, if any, out of the amount of Rs.50,000/- deposited with the Court Receiver by Respondent No.2, to the Applicants. 20. The Court Receiver, also shall pay an amount of Rs.15,00,000/- (Rupees Fifteen Lakhs Only) out of the amount of Rs.65,00,000/- (Rupees Sixty Five Lakhs Only) deposited with the Court Receiver to Respondent No.2-Poonam Nakul Banavali within fifteen days from today. The balance amount of Rs.50,00,000/- shall be transferred by the 16 02-APL-519-2024.doc Court Receiver to the account of the Principal Judge, Family Court, Bandra, Mumbai, in connection with Petition No. A-2716 of 2021 pending before the Family Court at Bandra, Mumbai. The said amount of Rs.50,00,000/- shall be paid to Respondent No.2 upon disposal of the said divorce petition by consent and upon the Family Court passing a decree of divorce by mutual consent. 21. In view of the above order, Court Receiver's Report No.5 of 2026 also stands disposed of in terms of prayer clause (a). 22. The Court Receiver, High Court, Bombay, stands discharged. 23. Accordingly, Criminal Application is disposed of in above terms. [MADHAV J. JAMDAR, J.] 17