Lok Adalats lack the jurisdiction to withdraw criminal prosecutions without court consent, as their role is limited to facilitating compromises between parties.

Order

31/01/2024

1. By way of the instant criminal writ petition, the petitioner- complainant has approached this Court for quashing and setting aside the order dated 13.08.2022 passed by a Bench of Lok Adalat, Nagar, Bharatpur ( Ld. Addl. Chief Judicial Magistrate No.1, Nagar, District Bharatpur) whereby the Lok Adalat has allowed the Assistant Public Prosecutor to withdraw the criminal prosecution arising out of FIR No.154/2018 registered at Police Station Nagar, District Bharatpur and discharged the accused respondents Khaim Singh, Kaptan Singh, Ramsnehi and Tilakraj from offences under Sections 323, 341 and 336 IPC.

2. The grievance of the petitioner is that the impugned order dated 13.08.2022 is illegal, arbitrary and contrary to law and therefore, the same is liable to be set aside. He contends that the Lok Adalat has no jurisdiction to allow withdrawal of criminal prosecution. He argues that the Lok Adalat passed the impugned order in gross violation of principle of nature justice as the petitioner was not even noticed before passing the impugned order. He submits that the Lok Adalat can dispose of the cases only on compromise between the parties. With these submission, he prays that the misc. petition may be accepted and the impugned order dated 13.8.2022 may be set aside.

3. 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.

4. 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;”

5. 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.

6. 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 Committee, organising such Lok Adalat.

(3) The experience and qualifications of other persons referred to in clause (b) of sub-section (2) for Lok Adalats organised by the Supreme Court Legal Services Committee shall be such as may be prescribed by the Central Government in consultation with the Chief Justice of India.

(4) The experience and qualifications of other persons referred to in clause (b) of sub-section (2) for Lok Adalats other than referred to in sub-section (3) shall be such as may be prescribed by the State Government in consultation with the Chief Justice of the High Court.

(5) A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in re