RAJESH RAWAT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) 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:

(2.) If offences other than the offences specified under section 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:

(3.) 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).