ATTAU RAHMAN MASOODI,J. - (1.) Heard Sri Satyendra Kumar Singh, learned counsel for the petitioner and Sri Ashok Kumar Srivastava, who has put in appearance on behalf of opposite party no. 2. Sri Anurag Verma, learned AGA has appeared on behalf of the State.
(2.) This petition filed under Section 482 Cr.P.C., 1973 raises an interesting and pertinent question of law that has a bearing upon the settlements arrived at through Lok Adalats held under Section 19 of the Legal Services Authority Act, 1987 (hereinafter referred to as the Act of 1987). Cognizance of cases by Lok Adalats is provided for under Section 20 of the Legal Service Authority Act, 1987 which for ready reference is reproduced hereunder: "20. Cognizance of cases by Lok Adalats. - (1) Where in any case referred to in clause (i) of sub-section (5) of section 19- (i) (a) the parties thereof agree; or (b) one of the parties thereof makes an application to the court, for referring the case to the Lok Adalat for settlement and if such court is prima facie satisfied that there are chances of such settlement; or (ii) the court is satisfied that the matter is an appropriate one to be taken cognizance of by the Lok Adalat, the court shall refer the case to the Lok Adalat: Provided that no case shall be referred to the Lok Adalat under sub-clause (b) of clause (i) or clause (ii) by such court except after giving a reasonable opportunity of being heard to the parties. (2) Notwithstanding anything contained in any other law for the time being in force, the Authority or Committee organising the Lok Adalat under sub-section (1) of section 19 may, on receipt of an application from any one of the parties to any matter referred to in clause (ii) of sub-section (5) of section 19 that such matter needs to be determined by a Lok Adalat, refer such matter to the Lok Adalat, for determination: Provided that no matter shall be referred to the Lok Adalat except after giving a reasonable opportunity of being heard to the other party. (3) Where any case is referred to a Lok Adalat under subsection (1) or where a reference has been made to it under sub-section (2), the Lok Adalat shall proceed to dispose of the case or matter and arrive at a compromise or settlement between the parties. (4) Every Lok Adalat shall, while determining any reference before it under this Act, act with utmost expedition to arrive at a compromise or settlement between the parties and shall be guided by the principles of justice, equity, fair play and other legal principles. (5) Where no award is made by the Lok Adalat on the ground that no compromise or settlement could be arrived at between the parties, the record of the case shall be returned by it to the court, from which the reference has been received under sub-section (1) for disposal in accordance with law. (6) Where no award is made by the Lok Adalat on the ground that no compromise or settlement could be arrived at between the parties, in a matter referred to in sub-section (2), that Lok Adalat shall advice the parties to seek remedy in a court. (7) Where the record of the case is returned under subsection (5) to the court, such court shall proceed to deal with such case from the stage which was reached before such reference under sub-section (1).
(3.) A perusal of Section 20 sub-section (1) makes it clear that the cases referred to in clause (i) of sub-section (5) of Section 19 are cognizable by Lok Adalats. Clause (i) of sub-section (5) of Section 19 of the Act of 1987 is also extracted hereunder: "19. Organisation of Lok Adalats. - (1) ........ (2) ........ (3) ........ (4) ........ (5) A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of- (i) any case pending before; or (ii) ........ any court for which the Lok Adalat is organised Provided that the Lok Adalat shall have no jurisdiction in respect of any case or matter relating to an offence compoundable under any law.";