Rajesh Rawat vs State of Uttarakhand and Others

Umesh Chandra Dhyani, J.—Learned Counsel for the applicant confines his prayer only to the extent that the law may be laid down to clarify as to what is the consequence of compounding of any offence? At the very outset, it will be worthwhile to mention here sub-section (8) of section 320 of the Criminal Procedure Code, 1973, which says as under:

(8) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.

[Emphasis supplied]

The same law, in principle, holds good even for the compoundable offences under the Indian Forest Act, 1927. If the compounding is permissible under any penal statute and the compounding application has been allowed, then the same has the effect of acquittal/discharge of the accused and no further proceedings shall be taken against such person in respect of such offence which has been compounded.

If offences other than the offences specified u/s 62 or 63 of the Indian Forest Act, 1927, have been compounded, then, according to section 68 of the Indian Forest Act, 1927, the same will have the effect of discharge and no further proceedings shall be taken against such person. The said section is reproduced herein below for convenience:

Power to compound offences.--(1) The State Government may, by notification in the Official Gazette, empower a Forest Officer--

(a) to accept from any person against whom a reasonable suspicion exists that he has committed any forest-offence, other than an offence specified in section 62 or section 63, a sum of money by way of compensation for the offence which such person is suspected to have committed, and

(b) when any property has been seized as liable to confiscation, to release the same on payment of the value thereof as estimated by such officer.

(2) On the payment of such sum of money, or such value, or both, as the case may be, to such officer, the suspected person, if in custody, shall be discharged, the property, if any seized shall be released, and no further proceedings shall be taken against such person or property.

(3) A Forest Officer shall not be empowered under this section unless he is a Forest Officer of a rank not inferior to that of a Ranger and is in receipt of a monthly salary amounting to at least one hundred rupees, and the sum of money accepted as compensation under clause (a) of subsection (1) shall in no case exceed the sum of fifty rupees."

[Emphasis supplied]

If any compoundable offence under the Indian Forest Act, 1927, has been compounded against the present applicant and he has deposited compounding fee or damages or assessed compensation, by whatever name it is called, the consequence will be that no further proceedings shall be taken against such person in respect of such offence which has been compounded. Such compounding will not have any bearing on other non-compoundable offence(s).

Reference of State of Himachal Pradesh Vs. Sabla, may also be had in this regard. It was observed by Hon''ble Himachal Pradesh High Court that ''even if the offence is compounded, still u/s 68(2) of the Indian Forest Act, the further proceedings against the offender are only barred if the offender has paid the amount of compensation/damages.'' The application u/s 482 Cr.P.C. is thus summarily disposed of with such clarification, at the threshold, with the consent of learned Counsel for the parties.