Could an Officer empowered under Section 68 of the Kerala Forest Act (for short, "the Act") compound an offence (other than offence under Secs.62 and 65 of the Act) when the case is pending before the criminal court? What is the effect of such composition on the pending case? These questions are urged for a decision in this proceeding initiated under Section 482 of the Code of Criminal Procedure (for short, "the Code").

2. Petitioner is accused in O.R. No.1 of 2009 of Forest Range Office, Kanhangad and C.C. No.245 of 2010 of the court of learned Judicial First Class Magistrate-II, Hosdurg for offences punishable under Sec.27(1) (e) (iii) and (iv) of the Act. Case against petitioner is that he trespassed into the reserve forest, cut and removed 17 bamboo poles and caused loss of `500/- to the State Government. Petitioner moved an application before the Divisional Forest Officer, Kannur (for short, "the DFO") to compound the offence as provided under Sec.68 of the Act. That application was rejected by the DFO vide Annexure-A4, order dated 14.06.2010 for the reason that since final report is filed and the case is pending before court, request for compounding cannot be entertained. Annexure-A4 is under challenge.

3. It is argued by the learned counsel that power under Sec.68 of the Act for compounding the offences other than one under Sec.62 or 65 of the Act is equivalent to the power of Abkari Officer under Sec.67 of the Abkari Act as it stood prior to Amendment Act 16 of 1997. According to the learned counsel, the view taken by the DFO that since the case is pending consideration before court he has no authority to compound the offence is unsustainable. Learned counsel contends that the wordings of Sec.68 of the Act are clear enough to indicate that even when the case is pending in court, the Officer authorized under Sec.68 of the Act has power to compound the offence and on such composition the court has to discharge the accused.

4. Section 67 of the Abkari Act (before Amendment Act 16 of 1997) read as under:

"67. Power to compound offences.- Any Abkari Officer specially empowered in that behalf may accept from any person,- (a) whose licence or permit is liable to be cancelled or suspended under clauses (a) and (b) of section 26 or who is reasonably suspected of having committed an offence under clause (2) of section 55, sections 56, 57 or 63, a sum of money not less than ten thousand rupees; and (b) whose licence or permit is liable to be cancelled or suspended under clause (bb) of section 26 or who is reasonably suspected of having committed an offence under clause (1) of section 55 or sections 58 o4 64A, a sum of money note less than twenty five thousand rupees, in lieu of such cancellation of suspension or by way of compensation for the offence which may have been committed as the case may be. On the payment of such sum of money to such officer, the accused person, if in custody, shall be discharged and no further proceedings shall be taken against such person".

Referring to the said provision a learned Judge of this Court in Mariamma & Another v. State of Kerala & Others (1998 [1] KLT 286) held that offences referred to in Sec.67 of the Abkari Act are compoundable. In that case the accused were charge-sheeted and cases were pending in various courts. This Court directed that on compounding the offences the Officer concerned shall report the matter to the courts where the cases are pending and on getting reports of composition the courts concerned shall close the case.

5. Section 68 of the Act reads:

"68. Power to compound offences:- (1) Any Forest Officer not below the rank of an Assistant Conservator of Forests may accept from any person, reasonably suspected of having committed any forest offence other than an offence under Section 62 or Section 65, a sum of money by way of compensation for the offence which may have been committed and where any property has been seized as liable to confiscation, may rel