Lok Adalats Don't Have Adjudicatory Powers: Rajasthan High Court Sets Aside Award Permitting Withdrawal Of Criminal Prosecution

Rajasthan High Court has reiterated that Lok Adalats do not have adjudicatory powers and hence order of a Lok Adalat allowing withdrawal of a criminal prosecution cannot be sustined.

The bench of Justice Anil Kumar Upman was hearing petition seeking quashing of an order of the National Lok Adalat that allowed the assistant public prosecutor to withdraw the criminal prosecution in a criminal case under Sections 323 and 341 of IPC and acquitted the accused.

It was argued by the petitioner that the order was illegal, arbitrary and contrary to law since Lok Adalat do not have jurisdiction to allow such withdrawal. A Lok Adalat could dispose cases only on compromise between parties. And if no compromise was reached, the matter needs to be remitted to the court. It was further contended that the decision was in gross violation of principles of natural justice because no notice was provided to the petitioner before passing the order.

Reference was made to an identical case of Shyam Bacchani v State of Rajasthan & Ors decided by a coordinate bench of the Court where it was held that Lok Adalats had no adjudicatory powers and while allowing the withdrawal of a criminal prosecution, it exercised adjudicatory jurisdiction which was contrary to law. The Case analysed the provisions on organisation of Lok Adalats as well as on cognizance of cases by Lok Adalats provided under Sections 19 and 20 respectively of Chapter VI of the Legal Services Authority Act, 1987.

“The provisions of sub-section (3), sub-section (4) and subsection (5) as well as sub-section (6) of Section 20 referred above would indicate that the Lok Adalat has to endeavour that the parties arrive at a compromise and settlement. Only on compromise between the parties, the award can be made and if the parties does not arrive to a compromise or settlement, the Lok Adalat is bound to remit back the matter before the Court under sub-section (6) of Section 20 of the Act. A perusal of the entire scheme under Chapter VI (supra) as well as the referred provisions aforesaid would make it clear that the Lok Adalats have no adjudicatory power and by allowing the prayer of learned Public Prosecutor to withdraw prosecution, the Lok Adalat has exercised adjudicatory jurisdiction which is not vested in it.”

Thus, the Court quashed the order of the Lok Adalat and accordingly allowed the petition. The criminal matter was directed to be restored before the competent court.

Title: Meenu Singh v State of Rajasthan & Ors.

Citation: 2024 LiveLaw (Raj) 138

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