Karnataka High Court has held that if the offence under the Mines and Minerals (Development and Regulation) (MMDR) Act is compounded by collecting fine, prosecution under section 379, of Indian Penal Code, does not survive.
Justice P B Bajanthri quashed the proceedings registered against Suresh K and Fransic @Manjunath Joseph at the Kadaba police station for the offence p/u/s 4(1) and 21(A) of Mines and Minerals (Development and Regulation) Act r/w Rules 31(R), 42 of Karnataka Minor Mineral Concession Rules, and r/w Section 379 of IPC.
On the allegation that petitioners were illegally mining the sand from the government land. On credible information, respondents raided in the place of one Dr.Suresh Kumar and conducted search, seizure and further they were taken into custody. On July 25, 2014, the Department of Mines and Geology compounded the offences by collecting Rs.45,000, fine.
Advocate Aruna Shyam M appearing for petitioners argued:
Before raiding the relevant spot, in order to put the petitioner for violation under the provisions of the Act, 1957 and Rules 1994, FIR should have been filed. It was further contended that under the Act, 1957, competent Authority is required to file a complaint before the jurisdictional Magistrate. Further, once the compoundable offence has been closed by collecting fine of Rs.45,000/-, Section 379 of IPC cannot be gone into.
State has not disputed the aforesaid factual aspects.
The offences have been compounded by collecting fine of Rs.45,000. After issuance of notice to the petitioners, further action pursuant to CC No.594/2015 in Crime No.88/2014 registered by the Kadaba Police Station, do not survive for consideration. Accordingly, petition is allowed. Consequently, the entire proceedings in CC No.594/2015 on the file of the Addl. Civil Judge and JMFC, Puttur, D.K. District stands quashed.
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