Lok Adalat Has No Jurisdiction In Respect Of Offences That Are Non-Compoundable: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that the National Lok Adalat does not have the jurisdiction to discharge the accused in a criminal case involving non-compoundable offences under Section 324 of the Indian Penal Code.

The Court reiterated that:“Section 324 of IPC was compoundable earlier, but was made non-compoundable by Section 28(a) of the Code of Criminal Procedure Amendment Act, 2005… Therefore, the offence punishable under Section 324 of the IPC is not included in the list of punishable offences and is non-compoundable.”

Justice Rakesh Kainthla remarked that:“Section 19(5) of the Legal Service Authorities Act provides that the Lok Adalat shall have no jurisdiction in respect of any matter relating to an offence not compoundable under any law… the Lok Adalat could not have taken cognisance of the commission of an offence punishable under Section 324 of the IPC.”

A challan was filed against the accused for offences under Sections 324 (Voluntarily causing hurt by dangerous weapons or means), 341 (Wrongful restraint), and 506(Criminal intimidation), read with Section 34 (common intention) of the Indian Penal Code.

Therafter, they wanted to settle the matter, and the trial court referred the issue to the  National Lok Adalat. National Lok Adalat passed an order discharging the accused of the commission of offences.

Aggrieved, the State challenged the discharge order before the high court, contending that the Lok Adalat does not have the power to compound non-compoundable offences.

Case Name: State of H.P. v/s Gulshan Singh and others 

Case No.: Cr. MMO No.369 of 2025

Date of Decision: 07.10.2025

For the Petitioner: Mr. Lokender Kutlehria, Additional Advocate General

For the Respondent: None.

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