Lok Adalat has no jurisdiction to compound rash driving offence: HC

By
Daily Excelsior
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Excelsior Correspondent
JAMMU, June 5: High Court of Jammu & Kashmir and Ladakh has held that Lok Adalat has no jurisdiction to compound the offence under Section 279 of RPC (rash driving).
The order has been passed in a petition challenging award/order dated 23.11.2013 passed by the Lok Adalat presided over by JMIC (Munsiff), R S Pura whereby respondent, who was accused in FIR No.23/2013 registered with Police Station, R.S.Pura and facing trial, has been convicted and sentenced to pay a fine of Rs 200 for commission of offence under Section 279 RPC and Rs 300 under Section 338 RPC.
After hearing both the sides, Justice Sanjeev Kumar observed, “in view of the clear position emerging from a reading of Section 345 of J&K CrPC read with Section 18 of the Act of 1997, it is difficult for this court to sustain the order of the Lok Adalat impugned in this petition”, adding “from a reading of the impugned order, it clearly transpires that the same has been passed by the Lok Adalat without even notice to the person who was hurt in the accident”.
“As is evident from reading of Sub-Section (6) of Section 345 of J&K CrPC, whenever the court orders compounding of an offence in terms of the provisions of the Section, the same has the effect of acquittal of the accused. Be that as it may, it is a case where the petitioner, who was hurt in the accident, which resulted into registration of the subject FIR against respondent was a necessary party to the compounding of the offence and the Lok Adalat by not putting the petitioner to notice and providing him an opportunity of being heard, has passed the impugned order”, High Court said.
“Lok Adalat has no jurisdiction to compound the offence under Section 279 of RPC and, therefore, the order impugned is nullity in the eye of law. The order impugned also violates the right of respondent (accused) who, on compounding of the offence, was entitled to acquittal and not conviction”, High Court said while quashing the order of Lok Adalat.
The matter has been remanded back to the trial court, who shall proceed in the matter/challan in accordance with law. The trial court shall do well to put the parties concerned to notice before proceeding further in the matter, the High Court said.

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