Himachal Pradesh High Court Quashes National Lok Adalat's Order on Non-Compoundable Offence

Court Rules National Lok Adalat Lacks Jurisdiction to Compound Offences Under Section 324 IPC

In a significant decision, the Himachal Pradesh High Court has set aside an order by the National Lok Adalat that discharged the accused in a case involving non-compoundable offences under the Indian Penal Code. The case, titled "State of H.P. v. Gulshan Singh and others," was presided over by Mr. Rakesh Kainthla, J., and the judgment was delivered on October 7, 2025.

The High Court ruled that the National Lok Adalat had overstepped its jurisdiction by discharging the accused of offences under Sections 324, 341, and 504, read with Section 34 of the IPC. The court emphasized that Section 324 of the IPC, which pertains to voluntarily causing hurt by dangerous weapons or means, is non-compoundable according to the amendments in the Code of Criminal Procedure (CrPC) in 2005 and 2008.

The case originated from a police challan presented to the Trial Court, which summoned the accused for offences under Sections 324, 341, and 506, read with Section 34 of the IPC. An application for compounding the offences was filed and subsequently referred to the National Lok Adalat. Based on a compromise between the complainant and the accused, the Lok Adalat discharged the accused, which was later challenged by the State.

The Additional Advocate General for the State, Mr. Lokender Kutlehria, argued that the National Lok Adalat lacked the jurisdiction to compound non-compoundable offences, as clearly outlined in Section 19(5) of the Legal Services Authorities Act, 1987. The High Court agreed, citing the Supreme Court's consistent position that non-compoundable offences cannot be settled in Lok Adalats.

The judgment has been welcomed as a reaffirmation of the boundaries of Lok Adalat's jurisdiction, ensuring that legal procedures are adhered to, particularly in cases involving serious offences. The case has been remitted back to the Trial Court for further proceedings in accordance with the law.

Bottom Line:

National Lok Adalat has no jurisdiction to compound non-compoundable offences, including those under Section 324 IPC, as per Section 19(5) of the Legal Services Authorities Act, 1987.

Statutory provision(s): Indian Penal Code, 1860 Section 324, Legal Services Authorities Act, 1987 Section 19(5), Criminal Procedure Code, 1973 Section 320

State of H.P. v. Gulshan Singh, (Himachal Pradesh) : Law Finder Doc Id # 2790640