Case Note & Summary
The State of Karnataka, through Akkur Police Station, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. challenging the order dated 07.04.2014 passed by the Senior Civil Judge and JMFC, Channapatna in C.C.No.201/2013, which arose out of Crime No.40/2012 of Akkur Police Station. The respondent was being prosecuted for offences punishable under Sections 32 and 34 of the Karnataka Excise Act, 1965. The trial court referred the case to Lok Adalat, which passed an award. The State contended that the offences under the Karnataka Excise Act are non-compoundable and thus the Lok Adalat had no jurisdiction to determine the case. The High Court examined the provisions of the Legal Services Authorities Act, 1987, particularly Sections 19 and 20, which restrict Lok Adalat's jurisdiction to compoundable offences or cases where parties agree to a compromise. Since the offences under Sections 32 and 34 of the Karnataka Excise Act are non-compoundable, the reference to Lok Adalat was without jurisdiction. The Court quashed the order of the Magistrate referring the case to Lok Adalat and the award passed by the Lok Adalat, allowing the petition.
Headnote
A) Criminal Procedure - Lok Adalat Jurisdiction - Non-Compoundable Offences - Sections 19, 20 Legal Services Authorities Act, 1987 - Reference of non-compoundable offence to Lok Adalat is without jurisdiction - The Court held that Lok Adalat can only determine cases where the offence is compoundable or where parties agree to compromise, and non-compoundable offences under Karnataka Excise Act, 1965 cannot be referred - Held that the order of the Magistrate referring the case to Lok Adalat and the award passed by Lok Adalat are quashed (Paras 1-5).
Issue of Consideration
Whether the Court can refer a case relating to non-compoundable offence to Lok Adalat and whether Lok Adalat has jurisdiction to determine such case?
Final Decision
The High Court allowed the writ petition, quashing the order dated 07.04.2014 passed by the Senior Civil Judge and JMFC, Channapatna in C.C.No.201/2013 referring the case to Lok Adalat and the award passed by Lok Adalat.
Law Points
- Lok Adalat jurisdiction limited to compoundable offences
- Non-compoundable offences cannot be referred to Lok Adalat
- Section 19 of Legal Services Authorities Act
- 1987 restricts Lok Adalat to compromise and settlement of cases pending before court
- Section 20 of Legal Services Authorities Act
- 1987 restricts Lok Adalat to cases where parties agree to settlement
- Karnataka Excise Act
- 1965 Sections 32 and 34 are non-compoundable
Case Details
2021 LawText (KAR) (06) 36
W.P.No.46821/2016(GM-RES)
Smt. Namitha Mahesh B.G., HCGP for petitioner; Sri. Prashanth P.N., Amicus Curiae for respondent
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Nature of Litigation
Writ petition under Articles 226 and 227 of Constitution of India read with Section 482 Cr.P.C. challenging the order of the Magistrate referring a non-compoundable offence to Lok Adalat and the award passed by Lok Adalat.
Remedy Sought
State of Karnataka sought quashing of the order dated 07.04.2014 passed by the Senior Civil Judge and JMFC, Channapatna in C.C.No.201/2013 referring the case to Lok Adalat and the award passed by Lok Adalat.
Filing Reason
The trial court referred a case involving non-compoundable offences under Sections 32 and 34 of Karnataka Excise Act, 1965 to Lok Adalat, which passed an award, and the State contended that Lok Adalat had no jurisdiction to determine non-compoundable offences.
Previous Decisions
The trial court (Senior Civil Judge and JMFC, Channapatna) passed an order on 07.04.2014 in C.C.No.201/2013 referring the case to Lok Adalat, and Lok Adalat passed an award.
Issues
Whether the Court can refer a case relating to non-compoundable offence to Lok Adalat?
Whether Lok Adalat has jurisdiction to determine a case involving non-compoundable offence?
Submissions/Arguments
The State argued that the offences under Sections 32 and 34 of Karnataka Excise Act, 1965 are non-compoundable and therefore the Lok Adalat had no jurisdiction to determine the case.
Ratio Decidendi
Lok Adalat has no jurisdiction to determine non-compoundable offences. Under Sections 19 and 20 of the Legal Services Authorities Act, 1987, Lok Adalat can only determine cases where the offence is compoundable or where parties agree to a compromise. Since the offences under Sections 32 and 34 of the Karnataka Excise Act, 1965 are non-compoundable, the reference to Lok Adalat was without jurisdiction.
Judgment Excerpts
Whether the Court can refer a case relating to non-compoundable offence to Lok Adalat and Lok Adalat has jurisdiction to determine such case?
The respondent was being prosecuted before the trial Court in C.C.No.201/2013 on the basis of the charge sheet filed by Akkur Police for the offences punishable under Sections 32 and 34 of the Karnataka Excise Act, 1965.
Procedural History
The respondent was charged in Crime No.40/2012 of Akkur Police Station for offences under Sections 32 and 34 of Karnataka Excise Act, 1965. The charge sheet was filed and the case was registered as C.C.No.201/2013 before the Senior Civil Judge and JMFC, Channapatna. On 07.04.2014, the trial court referred the case to Lok Adalat, which passed an award. The State of Karnataka filed a writ petition under Articles 226 and 227 of the Constitution read with Section 482 Cr.P.C. challenging the order and award. The High Court allowed the petition and quashed the order and award.
Acts & Sections
- Legal Services Authorities Act, 1987: 19, 20
- Karnataka Excise Act, 1965: 32, 34
- Code of Criminal Procedure, 1973 (Cr.P.C.): 482
- Constitution of India: 226, 227
