In a significant judgment, the Rajasthan High Court addressed the legal question of whether a Lok Adalat has the authority to dismiss a case due to the non-appearance of parties. The ruling was delivered by Hon’ble Mr. Justice Arun Monga in the case of Kripal Singh vs. State of Rajasthan & Anr., S.B. Criminal Misc(Pet.) No. 3707/2024.
Case Background
The petitioner, Kripal Singh, challenged an order dated April 19, 2022, issued by the Lok Adalat. The case originated from a complaint filed by the SHO under Section 145 Cr.P.C., which was initially handled by the SDM. The SDM’s order on February 10, 2020, led to a criminal revision petition before the Sessions Court. The case was subsequently referred to the Lok Adalat for settlement under The Legal Service Authorities Act, 1987.
Legal Issues Addressed
The core issue examined by the Rajasthan High Court was whether the Lok Adalat has the jurisdiction to dismiss a case when parties fail to appear for settlement proceedings. The court referenced Section 20(5) of The Legal Service Authorities Act, 1987, which outlines the procedure for handling cases where no compromise or settlement is reached.
Court’s Analysis and Decision
Justice Arun Monga emphasized that Section 20(5) clearly mandates that if no settlement is achieved, the Lok Adalat must return the case record to the referring court for disposal according to the law. The provision explicitly states:
โWhere 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.โ
In the present case, the petitioner did not submit to the jurisdiction of the Lok Adalat for settlement. Consequently, no settlement could be reached, necessitating the return of the case to the appropriate court. Justice Monga concluded that the Lok Adalat exceeded its jurisdiction by dismissing the case in default of appearance, as it does not possess the power to do so.
Outcome
The impugned order dated April 19, 2022, passed by the Lok Adalat was set aside. The High Court restored the petitioner’s revision petition (No. 15/2023) to its original status. The petitioner is now at liberty to approach the concerned court for further proceedings.
This judgment clarifies the procedural boundaries of Lok Adalats in situations where parties do not appear for settlement proceedings. It reaffirms that Lok Adalats must return cases to the referring courts if no settlement is achieved, ensuring that the appropriate legal processes are followed.
Case Reference:
Parties: Kripal Singh vs. State of Rajasthan & Anr.
Case Number: S.B. Criminal Misc(Pet.) No. 3707/2024
Judgment Date: July 1, 2024
Judge: Hon’ble Mr. Justice Arun Monga
