The petitioner seeks quashing FIR No, 213/2007 dated 27.4.2001 registered at Police Station Gago, District Vehari under Section 411/109 PPC.
2. The allegation against the petitioner is that he caused loss to the State Exchanger by stealing woods from the forest.
3. It is inter alia contended that under the provisions of Section 62 of the Forest Act, the department received the price of the alleged stolen woods and effected compromise with the petitioner by receiving Rs, 69,000/- and that in view of Section 68 of the Forest Act, 1927 no case could be registered nor could the petitioner be penalized for twice. Places reliance upon the law laid down by this Court in 1987 P.Cr.L.J. 452.
4. Conversely learned Deputy Prosecutor General opposes the submissions made at bar by the learned counsel for the petitioner. However, had no answer to the point of law urged by him.
5. Arguments heard. Record perused.
6. Almost similar proposition came under discussion before this Court in the case law referred to supra by the learned counsel for the petitioner wherein it was observed that once the Forest Department having agreed to compound the case subject to petitioner's payment of penalty imposed upon him the offence if any relating to theft of wood stood sorted out and settled according to rules and regulations of the department. It was further observed that further prosecution of the petitioner in respect of same offence under Section 379 PPC is an attempt to vex the petitioner twice for the same offence.
7. Admittedly the Forest Department agreed to compound the case subject to petitioner's deposit of Rs, 69,000/- only to which there is no denial of the fact. Further prosecution of the petitioner, therefore, in my considered view in respect of the same offence is unreasonable, mala fide and amounts to punishing the petitioner twice for the same offence. In my above views, I am also fortified by law laid down in (1979 P.Cr.L.J. 452).
8. In these circumstances, this petition is allowed and the FIR impugned is hereby quashed.
9. With these observations this petition stands disposed of.