Lok Adalats Have No Adjudicatory Power, Can Only Pass Award Based On Compromise Between Parties: Rajasthan High Court

The Rajasthan High Court has held that Lok Adalats have no adjudicatory power and can only make awards on the basis of a compromise between the parties.

The Court, while allowing a writ Ppetition, quashed the Lok Adalat’s decision permitting Public Prosecutor to withdraw prosecution, and ordered for restoration of the criminal matter, granting the parties the liberty to proceed according to law before a competent Court.

The question raised before the court was whether the Lok Adalats under Chapter VI of the Legal Services Authority Act, 1987 have adjudicatory power or are required to pass awards only on a consensus between the parties.

The brief factual matrix of the case is that the Bench of the Lok Adalat, Jaipur had allowed the Assistant Public Prosecutor to withdraw the criminal prosecution arising out of an FIR and thereby discharged the accused from offences under Sections 323 and 341 of IPC.

The Petitioner was an informant of the same FIR, which disclosed a dispute between the two neighbours, after the investigation of which, the Police submitted a charge-sheet for offence under Sections 341 and 323 of IPC.

The counsel appearing for the Petitioner argued before the court that the Lok Adalat can dispose of the cases only on compromise between the parties.

Counsel appearing for the Respondents submitted before the court that under Section 321 of CrPC,the Public Prosecutor was competent to withdraw criminal prosecution specially considering the trivial nature of offences alleged, which is compoundable and bailable.

The court noted that, “A bare perusal of the aforesaid provisions make it abundantly clear that when a case, pending before the Court (as in the present case) is referred to the Lok Adalat, the parties thereof must agree for reference. If one of the parties only makes an application to the Court for such reference, other party must have opportunity of hearing before hand for reaching at conclusion by the Court that the matter is fit one to be referred to the Lok Adalat.

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.”

The court then held, “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. In the result, the impugned order passed by the Lok Adalat is hereby quashed and this Writ Petition is allowed.”

Case Title: Shyam Bacchani Vs. State Of Rajasthan S.B. Criminal Writ Petition No. 365/2023

Citation: 2023 LiveLaw (Raj) 16

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