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2019 DIGILAW 237 (AP)

Kadali Chiranjeevi v. State of Andhra Pradesh

2019-09-17

G.SHYAM PRASAD

body2019
ORDER : G. SHYAM PRASAD, J. 1. This is a writ of mandamus filed by the petitioner seeking for a direction to the 3rd respondent to refer the matter to the Mediation Centre or District Legal Services Authority, West Godavari District, Eluru for conducting counselling between the petitioner and the 4th respondent. 2. Heard learned Counsel for the petitioner and the learned Government Pleader for Home for respondents 1 to 3. With the consent of both the Counsel, the writ petition is being disposed of at the stage of admission. 3. The brief facts of the case are that the petitioner is the husband of the 4th respondent. Admittedly, 4th respondent has filed a complaint dated 28.1.2019 against the petitioner, which is registered as a case in Crime No. 22 of 2019 by the 3rd respondent, for the offences punishable under Sections 498-A, 323, 506 read with 34 IPC and Sections 3 and 4 of Dowry Prohibition Act. Summons were also issued to the petitioner in DVC No. 9 of 2019 on the file of the Court of II Additional Judicial Magistrate of First Class, Kowur, West Godavari District, against the petitioner. The petitioner has approached this Court seeking a direction to the police to refer the matter to the District Legal Services Authority for conducting mediation of the matter between the parties. 4. The Legal Services Authority Act, 1987 (for short 'the Act') provides a remedy to the parties to approach the Legal Services Authority for amicable settlement of the dispute between the parties. Section 19 of the Act deals with 'Organization of Lok Adalats'; Section 20 of the Act deals with 'cognizance of cases by Lok Adalats' and Section 21 of the Act deals with 'Award of Lok Adalat'. 5. The District Legal Services Authority has been constituted under the above Act in every District for conducting legal service activities. The jurisdiction of Legal Services Authority and cognizance of cases by Lok Adalats arise in two ways. Section 20(i)(a) of the Legal Services Authority Act, 1987 deals with when parties agree to go for settlement, Lok Adalat gets jurisdiction and they can take cognizance. The jurisdiction of Legal Services Authority and cognizance of cases by Lok Adalats arise in two ways. Section 20(i)(a) of the Legal Services Authority Act, 1987 deals with when parties agree to go for settlement, Lok Adalat gets jurisdiction and they can take cognizance. Section 20(i)(b) of the Act reads as under: 20(i)(a)---------- 20(i)(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 20(ii): The Court is satisfied that the matter is an appropriate one to be taken Court shall refer the case to the Lok Adalat. 6. In the Alternative Dispute Redressal Mechanism, the petitioner has got a remedy to seek for mediation of the matter, particularly in matrimonial disputes. Admittedly, two criminal cases are pending on the complaint of the 4th respondent. The petitioner intends to settle the matter with the 4th respondent and therefore, seeking a direction to the police to refer the matter to the Lok Adalat for settlement. 7. The cognizance of Lok Adalats would arise only in case, if there is agreement between the parties for settlement of the matter, both can approach the Legal Services Authority by way of filing a petition. If one of the parties intends to settle the matter, even in that case also, one of the parties can file an application to the Court by referring the matter for settlement. There are two stages for considering the cases by the Lok Adalats. Some cases are pre-litigation matters and some are post-litigation matters. 8. The parties have not so far approached the Court and therefore, it comes under pre-litigation. No doubt, two criminal cases are pending between the parties. There is no bar for settlement of the matter before the Lok Adalat, even though, two cases are pending between the parties, provided that if they are compoundable in nature, they can approach the Lok Adalat. 9. In view of the provisions of the Legal Services Authorities Act referred to above, the petitioner may approach the District Legal Services Authority, West Godavari at Eluru and file a petition and the Lok Adalat shall dispose of the same, in accordance with law. 10. With these observations, the writ petition is disposed of accordingly. No costs. Miscellaneous petitions pending if any, shall stand closed.