12025:HHC:38831 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MMO No. 772 of 2025 Decided on: 13.11.2025 State of H.P. … Petitioner Versus Banku Ram …Respondent _____________________________ ______________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ___________________________________________________ For the Petitioner : Mr. Anoop Rattan, Advocate General, assisted by Mr. H.S.Rawat and Varun Chandel,Addl. A.G. and Ms. Ranjna Patial, Dy. A.G. For the Respondent : Respondent in person with Mr. Nishant Khidtta, Legal Aid Counsel. Virender Singh, Judge (oral) State of H.P. has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’), against the order dated 8.3.2025, passed by the National Lok Adalat, Barsar, District Hamirpur, H.P., whereby, respondent has been acquitted from the offences, punishable under Sections 127(2), 115(2), 118(1) and 238 of Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS’). 22025:HHC:38831 2. As per the factual position, involved in the present case, the matter was listed before the National Lok Adalat, on 8.3.2025, and on behalf of State of H.P., an application under Section 320(2) Cr. P.C. was filed. On the said application, the Presiding Judge of the National Lok Adalat, has passed the following order: “Record perused. Considering the facts and circumstances of the case, statement made by the complainant before the Court, coupled with the fact that offences in question are compoundable, present application under Section 320 Cr. P.C. is allowed and necessary permission to withdraw the present case has been accorded. Application stands accordingly disposed of. Be tagged. Accused person is discharged from the liability of offences punishable under Sections 123(2), 115(2), 118(1) and 238 of BNS. His personal and surety bonds stand cancelled and discharged. Pending application, if any, also stands dismissed having been rendered infructuous, it be tagged with the main case file, thereafter, main case file be consigned to the record room after due completion/registration.” 3. The said award has been assailed, before this Court, mainly on the ground that offences punishable under Sections 118(1) and 238 of the BNS, are non-compoundable, as such, the same could not be compounded, in the National Lok Adalat. 4. On the basis of above facts, a prayer has been made to allow the present petition, by setting aside the order, passed by the National Lok Adalat, on 8.3.2025. 32025:HHC:38831 5. In order to buttress his contention, the learned Addl. Advocate General has relied upon the decision of this Court, in Cr. MMO No. 1108 of 2022, titled as, ‘State of Himachal Pradesh versus Long Raj’. 6. Per contra, Mr. Nishant Khidtta, learned Legal Aid Counsel, appearing for the respondent, has opposed the prayer made by learned Addl. A.G. on the ground that once, the award has been passed by the Lok Adalat, the same cannot be assailed by way of petition, under Section 528 of the BNSS. 7. Heard. 8. It is not in dispute that the offences, punishable under Sections 118(1) and 238 of BNS are non- compoundable. In view of the decision of this Court, in Long Raj’s case (supra), Lok Adalat shall have no jurisdiction in respect of any case or matter relating to an offence not compoundable under any law. Relevant para-6 of the judgment is reproduced as under: “Careful perusal of the aforesaid provision clearly reveals that 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 matter which is falling within the jurisdiction of, and is not brought before any Court for which the Lok Adalat is organized but proviso thereto provides that Lok Adalat shall have no jurisdiction in respect of 42025:HHC:38831 any case or matter relating to an offence not compoundable under any law.” 9. In view of above, award dated 8.3.2025, passed by the National Lok Adalat, Barsar, District Hamirpur, H.P., qua ‘State verus Banku Ram’, arising out of FIR No. 81 of 2024, dated 31.7.2024, registered with Police Station, Barsar, District Hamirpur, H.P., is set aside, as regards Sections 118(1) and 238 of the BNS. 10. With these observations, the present petition is allowed, to the extent, referred to above. The pending application(s), if any, are also disposed of. (Virender Singh) Judge 13.11.2025 Kalpana