Lok Adalats have no adjudicatory power and cannot allow withdrawal of criminal prosecution.

ORDER :

1. Heard the petitioner in person as well as learned Public Prosecutor for the State.

2. The question raised in this petition under Article 226 of the Constitution of India is 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 consensus of the parties.

3. By the impugned order dated 14.05.2022, a Bench of the Lok Adalat, Jaipur has allowed the Assistant Public Prosecutor to withdraw the criminal prosecution arising out of FIR No.537/2018 corresponding to Criminal Case No.13/2019 and discharged the accused from offences under Sections 323 and 341 of IPC.

4. The impugned order reads as under:-

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5. The petitioner is informant of FIR No.537/2018 registered with Police Station Bhankrota, Jaipur (West) for offences under Sections 323, 341 and 34 of IPC. The FIR discloses dispute between the two neighbours. After investigation of the case, the Police submitted charge-sheet for offence under Sections 341 and 323 of IPC.

6. Grievance of the petitioner is that Lok Adalat has no jurisdiction to allow withdrawal of criminal prosecution. Moreover, the petitioner was not noticed while passing the impugned order. Learned counsel contends that the Lok Adalat can dispose of the cases only on compromise between the parties.

7. Learned State Counsel contends that under Section 321 of Cr.P.C., the learned Public Prosecutor is competent to withdraw criminal prosecution specially considering trivial nature of offences alleged, which is compoundable and bailable.

8. The prayer of Assistant Public Prosecutor for withdrawal of the prosecution was purportedly under Section 321 of Cr.P.C. which reads as under:-

“321. Withdrawal from prosecution.- The Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court, at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried;”

(emphasis is mine)

9. Evidently, the withdrawal of prosecution is not a unilateral exercise of power by the Public Prosecutor rather it is subject to consent of the Court, therefore application of mind and adjudication whether such prayer of prosecution is fit to be allowed is within domain of the Court. Now the question to be considered is whether the Lok Adalats can also exercise identical power under Chapter VI of the Legal Services Authority Act, 1987.

10. Section 19 and Section 20 under Chapter VI are relevant for consideration which are reproduced below:-

“[19. Organisation of Lok Adalats.—

(1) Every State Authority or District Authority or the Supreme Court Legal Services Committee or every High Court Legal Services Committee or, as the case may be, Taluk Legal Services Committee may organise Lok Adalats at such intervals and places and for exercising such jurisdiction and for such areas as it thinks fit.

(2) Every Lok Adalat organised for an area shall consist of such number of—

(a) serving or retired judicial officers; and

(b) other persons, of the area as may be specified by the State Authority or the District Authority or the Supreme Court Legal Services Committee or the High Court Legal Services Committee, or as the case may be, the Taluk Legal Services