Courts can not act as restoration brokers for assortment of cash: Supreme Court

The Supreme Court has noticed that courts can not act as restoration brokers and deprecated the development of turning civil disputes into legal circumstances by events in dispute.

A bench of Justices Surya Kant and N. Kotiswar Singh, whereas observing that risk of arrest can’t be leveraged for restoration of excellent quantities, mentioned this can be a development of latest instances, the place events lodge legal circumstances to get better cash, which is a purely a civil dispute.

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These observations had been made by the Supreme Court on Monday (September 22, 2025) in a legal case arising in Uttar Pradesh, the place the bench famous that kidnapping fees had been alleged towards a person, in a dispute over restoration of cash.

Additional Solicitor General KM Nataraj, showing for the Uttar Pradesh authorities, pointed to an increase in such complaints and mentioned in circumstances like this police are caught within the center as if it doesn’t register the case the place cognisable offence is alleged to be made out, the courtroom pulls it up and if it registers, then it’s alleged to be performing in bias and never following due means of regulation.

He mentioned usually in these complaints, a legal offence is alleged to be made out in a dispute for restoration of cash.

Justice Kant mentioned it understands the predicament of the police and famous that if a FIR shouldn’t be registered the place it’s alleged that cognisable offence is made out, the police is pulled up for not following the 2013 Lalita Kumar judgement of the apex courtroom.

The bench, whereas advising the police to use its thoughts to see whether or not it’s a civil or legal case, earlier than arresting an individual, mentioned that such misuse of the legal regulation is posing a severe risk to the justice supply system.

Justice Kant mentioned, “Courts are not recovery agents for the parties to recover outstanding amounts. This misuse of the judicial system cannot be allowed.” The prime courtroom recommended to Nataraj that states can appoint a nodal officer for every district, ideally a retired district choose, who might be consulted by police to know whether or not it’s a civil or legal offence and thereafter proceed in accordance with regulation.

The bench requested Nataraj to hunt instruction and apprise the courtroom in two weeks.

The Supreme Court has been just lately again and again flagging the latest development of events lodging legal circumstances in civil disputes for expeditious disposal of their grievances.