Lok adalat

bable sharma (Querist) 05 June 2020 This query is : Resolved
380 ipc case is on ACJ& MM court .challan is not filed
accused got jail & bail
today complainant said i could make settlement in lok adalat
is it feasible ?

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SHIRISH PAWAR, 7738990900 (Expert) 05 June 2020
Hi,

You have to approach high court for compounding offence.

K Rajasekharan (Expert) 06 June 2020
IPC 380 is a non-compundable offence and hence a settlment in lok adalat is legally impermissible.
Such offences are practically, but not legally, settled by using shoddy practices in investigation or even trial when the parties make the police or court know that they do not want to proceed with the case.

Dr J C Vashista (Expert) 06 June 2020
The matter can be settled in Lok Adalat even if it is non-compundable.

P. Venu (Expert) 06 June 2020
Yes, such cases are being "settled" in Lok Adalats through the shoddy practice of the de-facto complainant deposing falsely (under oath) in the witness box. More than the Police, it is the prosecutor and judicial officers who are subscribing and encouraging this system.

The legally permissible option is to move the High Court under Section 482 CrPC. It could also be that the offence alleged may not amount to 380 IPC, but only 379 IPC which is compoundable.

bable sharma (Querist) 06 June 2020
P.VENU sir earlier in another thread you replied THAT theft in a mall comes U/S 379 ipc this is same theft in a mall so it would be 379 ipc not 380 ipc but I.O. wrote in FIR 380 IPC.
Ravi D Channannavar DCP (west division) Bengaluru, says in Deecan HErald ( NEWS PAPER)that case related to shoplifting fall under section 379 IPC .

1.But in fir it is 380 ipc written by police can even this is settle in lok adalat ????
2.To moov in lok adalat we need permission of magistrate or not ????

Raj Kumar Makkad (Expert) 06 June 2020
1. Yes, it can of course be settled in Lok Adalat. Lok Adalats were meant to reduce burden of arrears in regular Courts including the criminal cases may those be cognizable non-bailable offences pr not. ..

2. Yes.

bable sharma (Querist) 06 June 2020
Thank you Raj Kumar Makkad Sir

bable sharma (Querist) 06 June 2020
please let me KNOW THAT ACCUSE is IN state subordinate GOVT. DUTY
1.will case settled by lok adalat would have no adverse effect in his present duty & in his promotion & as he is preparing for state administrative service so none of this affected in future by lok adalat decision ????
2.could accuse will eligible for state administrative post ( in future )????
if case is settled by lok adalat

Rajendra K Goyal (Expert) 06 June 2020
May try to get the matter settled in Lok Adalat. Take permission of the court for that.

Rajendra K Goyal (Expert) 06 June 2020
You said:
1.will case settled by lok adalat would have no adverse effect in his present duty & in his promotion & as he is preparing for state administrative service so none of this affected in future by lok adalat decision ????
Reply:
The appointing / promoting authority would consider the details of full case and the terms of settlement in Lok Adalat.

You said:
2.could accuse will eligible for state administrative post ( in future )???? if case is settled by lok Adalat
Reply:
Depend on the outcome / finding of the criminal case against him.

bable sharma (Querist) 06 June 2020
Thank you Rajendra K Goyal Sir for your reply

Rajendra K Goyal (Expert) 06 June 2020
You are welcome, may revert in case of any further question on the query.

Raj Kumar Makkad (Expert) 06 June 2020
In such event, the settlement shall be recorded in such a way that no adverse impact shall come upon the accused in future and generally it is kept in mind while arriving at the settlement.

Raj Kumar Makkad (Expert) 07 June 2020
You are always welcome Mr. Author and revert in case of any requirement.

Rajendra K Goyal (Expert) 07 June 2020
If chances exist, this would be the good avenue for settlement of the dispute.

P. Venu (Expert) 09 June 2020
A non-compoundable offence cannot be settled in a manner known to Law. It has been held by the Hon'ble Supreme Court in State of Madhya Pradesh v. Dhruv Gurjar and Anr that non-compoundable offences cannot be settled amicably.

Of course, it is matter of fact that such matters are being settled (?) by trial courts. More than a procedure, this is a shoddy practice, as pointed out by learned expert Shri Rajasekharan. The modus operandi involved is in the de-facto complainant turning hostile and deposing falsely (under oath) in the witness box to disown complaint made to the police authority. The public prosecutor also needs to be made an accomplice in this sham; if the complainant is declared hostile and duly cross examined the truth would certainly be exposed. Anyhow, even though the law and procedure is short circuited, the case would certainly disposed as uncontested and accused acquitted!

The proceedings need not affect your service or further prospects so long as the accused is not convicted. However, there could be adverse impact on the selection to administrative service through direct recruitment, unless there is an acquittal on merits. The offence alleged inheres moral turpitude.

bable sharma (Querist) 09 June 2020
THANK YOU P. VENU SIR FOR YOUR REPLY

K Rajasekharan (Expert) 10 June 2020
Thank you Shri P Venu for bringing this matter again.

Of course, there is no doubt about that. Settling non- compundable offences in lok adalat is impermissible in law.

The Section 19 of the Legal Services Authorities Act, 1987 states in chrystal clear language, “..... the Lok Adalat shall have no jurisdiction in respect of any case or matter relating to an offence not compoundable under any law”.

A slew of case laws reaffirm this, as well.

Some case laws are : Sukhal and Others v State of UP ( 2002 CriLJ 1523), State of Karnataka v Gurunath and Another ( 2000 CriLJ 1192) etc

Raj Kumar Makkad (Expert) 11 June 2020
I do agree with P. Venu Sir but practically it is seen that in Lok adalat, even non-compoundable cases are also been settled everywehre despite of the verdict of the court, you cited.

K Rajasekharan (Expert) 12 June 2020
Lok adalat is governed by a whole lot of Rules, Regulations, Notifications, and Standard Operating Procedures, apart from many documents relating to legal service schemes.

So I have consolidated some of the essential elements relating to the functioning of the legal services authorities, lok adalat and Permanent Lok Adalat at one place, in a quickly crafted write up at http://lawwatch.in/2020/06/12/Lok%20adalats/

Raj Kumar Makkad (Expert) 12 June 2020
Thanks Rajsekhran Sir for referring a good compilation on the subject.

Rajendra K Goyal (Expert) 13 June 2020
Expert Adv K Rajasekharan, good step, informative.

K Rajasekharan (Expert) 15 June 2020
Nice to see the comments of both the learned friends. Thanks.

Glad to learn that the write up would serve some purpose, as I thought of.

venkatesh Rao (Expert) 18 June 2020
I do agree that Lok Adalaths are meant for reducing the pendency of cases but not at the cost of illegality. When law mandates and commands that 380 is non compoundable, it can never be. 482 can be pressed into service wherein you may aver that the parties have amicably settled out of court and it would be a futile exercise to allow the proceedings to continue ( but not abuse of process of law)