YUVRAJ ABHIMANYU VALVI AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

2026:BHC-AUG:46339-DB
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                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD
                        CRIMINAL APPLICATION NO. 351 OF 2023

              1. Yuvraj Abhimanyu Valvi
              2. Sandip Abhimanyu Valvi
              3. Vasudeo Nimba Mistari
              4. Harshal Abhimanyu Valvi                            ...Applicants

                                        VERSUS

             1. The State of Maharashtra
             2. The Police Inspector
             3. Kumudini Rupsing Valvi                              ...Respondents
                                           ...

                        Advocate for Applicants : Mr. A. R. Syed
                      APP for Respondent-State : Mr. S. P. Joshi,
           Advocate for Respondent No. 3 : Mr. A. A. Joshi h/f Mr. S. V. Natu,
                                          ...
                                          ...
                                           CORAM     : R. M. JOSHI, J.
                                            DATE     : 28.09.2026
             ORDER :
             1.     The present Application is seeking quashment of FIR No.

             400/2021 dated 09.06.2021 registered with Akkalkuwa Police Station,

             Dist. Nandurbar, for the offences punishable under Sections 420, 465,

             467, 468, 120-B read with Section 34 of the Indian Penal code, 1860

             (for short “IPC”) so also quashment of charge sheet in R.C.C. No.

             53/2022 pending before Learned Judicial Magistrate First Class,

             Akkalkuwa.
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2.    The case of the prosecution is that the Secretary of the Satpuda

Adivasi Lokseva Mandal, alleges that Accused No. 1 along with five

other individuals, Accused Nos. 2 to 6 conspired with institutional

office-bearers to fabricate fake appointment orders, resolutions, and

official records. By misrepresenting themselves as validly appointed

teaching and non-teaching staff at a secondary school in Navapada, the

accused fraudulently siphoned off approximately          ₹1 crore in

government salary grants since 2008. Offenses were sought under

Sections 420, 465, 467, 468, and 120(B) of the IPC. Administrative

inquiries conducted by education officials including the Extension

Officer (Education) and Block Education Officer revealed a lack of

documentary evidence establishing that Accused Nos. 1 to 4 were

legitimately employed prior to recent years. Although government

records acknowledge that the accused held certain roles during specific

periods   (e.g.,   2018–2020),   the   legitimacy   of   their   original

appointments and eligibility remains in doubt. Finding sufficient prima

facie evidence of record fabrication and illegal salary extraction, the

Judicial Magistrate First Class, Akkalkuwa, ordered the Akkalkuwa

Police to register the FIR and investigate the matter under Section

156(3) of the Cr.P.C. Pursuant to the said order FIR came to be
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registered and investigated into. Since sufficient material was found to

file chargesheet and accordingly the same is filed before competent

court.

3.       Learned Counsel for Applicants submit that the Applicants herein

are duly appointed as teaching and non- teaching staff of the school

run by the Trust and the detailed inquiry by the Education Department

in relation to inclusion of names of present Applicants in Shalarth ID

has attained finality and the complaint is filed to upset entitlement of

present Applicants and depriving them from salary. It is further

submitted that the complaint is filed as a result of the ongoing dispute

in relation to the affair of the trust between the three factions of the

trust and therefore, the criminal proceedings have been maliciously

instituted with an ulterior motive of wrecking vengeance against the

present Applicants. Lastly, it is submitted that the informant has arrived

at a compromise with the Applicants and has filed affidavit recording

no objection for allowing this Application.

4.       To support his contentions, Learned Counsel for the Applicants

relied on following judgements, Rajeshwarrao Vishwanathrao Patil Vs.

State of Maharashtra and Ors. (Bombay High Court, Criminal Writ

Petition No. 507/2013), Priyanka Shrivastava and Anr. Vs. State of
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Uttar Pradesh, (2015) 6 SCC 287, Madhavrao Jiwajirao Scindia Vs.

Sambhajirao Chandrojirao Angre and ors. (1988 AIR 709), M. N. Ojha

and Anr. Vs. Alok Kumar Srivastav and Anr. (2009) 9 SCC 682.

5.    Learned APP strongly opposed the grant of any relief to the

Applicant considering the seriousness of the offences in question. He

drew attention of this Court to the statements of witnesses recorded

during the course of investigation and argued that FIR, statements of

witnesses as well as the report by Deputy Director Education, Nashik

Division show that there is a prima facie case and offence is made out

against the Applicants. Thus, he argued that the Application deserves to

be dismissed.


6.    Learned Counsel for the Informant/ Respondent No. 3 submits

that the Informant has arrived at a compromise with Applicants and he

has no objection for allowing the present Application. For this purpose,

he submitted that the Informant has filed an affidavit showing no

objection to quashing of FIR and charge sheet by allowing the

Application. Further, it is submitted that recording of no objection is

aimed at smooth functioning of the trust and cannot be taken

adversely.
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7.    Perusal of the record, particularly the report of Deputy Director

Education, Nashik division along with the statements of witnesses

recorded during the course of investigation indicate that there is

sufficient material to hold that prima facie offence is made out against

the Applicants. Prima facie case against the Applicants and others

concerned gets support from statements recorded during investigation

of witnesses namely, Shivaji Jethya Valvi (at Pg. No. 92), Jijabrao

Popatrao Bagul (at Pg. No. 159), Machhindranath Valmik Kadam (at

Pg. No. 181), Ramesh Raghunath Desale (at Pg. No. 184) so also from

the Report of Deputy Director, Education Department, Nashik Division

(at Pg. No. 288). Therefore, as per the ruling and guidelines in State of

Haryana and Ors. vs. Ch. Bhajan Lal and Ors. 1992 AIR 604, the

present case is out of the scope of section 482 of Code of Criminal

Procedure, since it would not be open for this court to consider

correctness or otherwise of evidence on record and the same would be

decided during trial.

8.    The Informant who also happens to be the Founder Vice-

President of the trust and Secretary in Schedule 1 filed an affidavit

recording no objection for allowing this Application since the parties

have arrived at a compromise and sought to convince this court that
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there was no malafide interest or intention to extract any benefits.

However, this court finds the said explanation to be lame and

unacceptable. Furthermore, whenever the public money is involved and

the offence affects the public at large, allowing the parties to

compromise is not an appropriate course to adopt. Needless to say, that

the informant individually did not sustain any loss and loss is said to

have been caused to public exchequer.


9.    There is no dispute about the fact that there are three factions in

the trust running concerned educational institution and the change

reports are pending. Often than seldom, it is seen that there are

disputes between factions of trust and whenever the change reports are

pending and parties invoke government machinery to lodge reports and

arrive at compromise for their convenience and personal gains. The loss

is unfortunately caused to the public at large since the public money is

being utilized for this purpose. Exactly same thing has happened in the

instant case. The informant lodges report alleging loss of public money

and records no objection to allow Application, as per convenience.

Thus, this court finds that the compromise and no objection filed by the

informant does not deserve acceptance and lending validity to such

compromise would encourage unscrupulous individuals to abuse
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process of law.


10.   Therefore, this court finds it to be a fit case to impose exemplary

costs on the Informant. However, having regard to the age and gender

of the Informant, a token cost of Rs. 21,000/- is imposed to be paid to

the Government Cancer Hospital, Chhatrapati Sambhajinagar, within a

period of four weeks from the date of passing of this order.


11.    In view of the above, the Application stands dismissed.




                                                 ( R. M. JOSHI, J. )




V.S.JOSHI