Lok Adalat In Criminal Compoundable Cases
✅ 1. What is Lok Adalat?
Lok Adalat (People’s Court) is a statutory forum established under the Legal Services Authorities Act, 1987, for the settlement of disputes through conciliation and compromise.
It is not a regular court, but an alternative dispute resolution (ADR) mechanism.
It provides an informal, speedy, and inexpensive remedy.
It is binding and has the status of a civil court decree.
✅ 2. Relevant Legal Provisions
Legal Services Authorities Act, 1987
Section 19: Establishment of Lok Adalats
Section 20: Cognizance of cases
Section 21: Award of Lok Adalat to be deemed a decree of a civil court
Section 320 of CrPC: Lists offences which are compoundable, i.e., can be legally settled between parties.
✅ 3. Types of Criminal Cases Admissible in Lok Adalat
Only compoundable offences under Section 320 of CrPC are allowed.
✅ Examples of Compoundable Offences:
Voluntarily causing hurt (Sec. 323 IPC)
Criminal trespass (Sec. 447 IPC)
Simple hurt and assault (Secs. 352, 355, 358 IPC)
Defamation (Sec. 500 IPC)
Criminal intimidation (Sec. 506 IPC – if not aggravated)
Non-compoundable offences (like rape, murder, dacoity, etc.) cannot be settled in Lok Adalat.
✅ 4. Key Features of Lok Adalat in Criminal Cases
Encourages compromise and reconciliation.
No court fee required.
Proceedings are non-adversarial.
Parties must consent to settle.
Award is final and binding, with no appeal.
If no settlement is reached, case is returned to the original court.
🧑⚖️ Important Case Laws on Lok Adalat in Criminal Compoundable Cases
⚖️ 1. State of Punjab v. Jalour Singh (2008) 2 SCC 660
Issue: Whether Lok Adalat can decide criminal cases involving compromise.
Held: Lok Adalat can take cognizance of compoundable criminal cases if both parties consent.
Lok Adalat cannot decide the case on merits but only through settlement.
Impact: Clarified that Lok Adalat has no adjudicatory power, only conciliatory.
⚖️ 2. K.N. Govindan Kutty Menon v. C.D. Shaji (2012) 2 SCC 51
Issue: Can an award passed in Lok Adalat be executed like a decree?
Held: Award passed with mutual consent has the same force as a decree of civil court.
Even in criminal compoundable matters, such award is enforceable.
Impact: Strengthened the binding nature of Lok Adalat awards.
⚖️ 3. Afcons Infrastructure Ltd. v. Cherian Varkey Construction (2010) 8 SCC 24
Though primarily a civil case, the Supreme Court observed:
Lok Adalats can be used for criminal matters only if the offence is compoundable.
It reaffirmed the limitation of Lok Adalats to compoundable offences.
Impact: Clear demarcation between compoundable and non-compoundable cases in ADR mechanisms.
⚖️ 4. Interglobe Aviation Ltd. v. N. Satchidanand (2011) 7 SCC 463
Issue: Whether criminal cases involving minor offences can be settled through Lok Adalat.
Held: Where parties voluntarily agree, compoundable offences can be settled via Lok Adalat.
Courts encouraged reconciliation to avoid prolonged litigation.
Impact: Reinforced voluntary nature and utility of Lok Adalat.
⚖️ 5. Bhargavi Constructions v. Kothakapu Muthyam Reddy (2018) 13 SCC 480
Issue: Can an award of Lok Adalat be challenged?
Held: No appeal lies against Lok Adalat award if it is passed with mutual consent.
In criminal compoundable cases, once parties agree, the case is deemed closed.
Impact: Finality of Lok Adalat decisions even in criminal compoundable matters.
⚖️ 6. Damodar S. Prabhu v. Sayed Babalal H. (2010) 5 SCC 663
Issue: Settlement of cheque bounce cases (Section 138 NI Act).
Held: Encouraged settlement through Lok Adalat as Section 138 is compoundable.
Set guidelines for graded costs if settled at different stages.
Impact: Boosted resolution of large number of 138 NI Act cases via Lok Adalat.
📌 Key Points: Lok Adalat in Compoundable Criminal Cases
| Aspect | Explanation |
|---|---|
| Admissibility | Only offences under Section 320 CrPC (compoundable) |
| Procedure | Both parties must agree to settlement |
| Adjudication | No adjudication on merits – only compromise-based |
| Award Nature | Final, binding, enforceable as a decree |
| Appeal | No appeal allowed once award is passed with consent |
| Court Fees | Refunded if matter is settled in Lok Adalat |
| Examples | Sec. 323, 504, 506 (simple), 447 IPC, 138 NI Act, etc. |
✅ Conclusion
Lok Adalat is a powerful tool for the amicable resolution of compoundable criminal cases.
It serves the objectives of speedy justice, reducing burden on courts, and promoting reconciliation.
However, it cannot be used for non-compoundable or serious criminal offences.
Indian courts have consistently upheld the validity, finality, and enforceability of awards passed by Lok Adalats.
Parties must approach Lok Adalat with mutual consent and good faith for an effective resolution.
RELATED Blog
0 comments