The Supreme Court has commented on the rising practice of filing FIRs in civil disputes, stating that the court and the police should not function as recovery agents. Justices Surya Kant and N.K. Singh made this observation. This remark came in response to a case where the Uttar Pradesh Police converted a financial dispute between two parties into a criminal case of fraud. The court noted that the police often face criticism whether they follow court orders or not.
The bench recognized that it’s essential to understand the nature of each case. They clarified that the filing of an FIR doesn’t mean an immediate arrest is necessary. The police need to determine whether the case is civil or criminal.
Justice Surya Kant stated that the misuse of criminal law is a severe threat to the justice system. He added that people are treating civil disputes as criminal cases to use the court and police as recovery agents.
The bench suggested that each state appoint a nodal officer for each district, like a retired district judge. This officer could advise the police when there’s doubt about the nature of the crime in an FIR. The court asked the Additional Solicitor General to review this suggestion and submit a report.
The court referred to a previous ruling from the previous year, which deemed any attempt to settle civil disputes through criminal charges as reprehensible. A bench, led by the Chief Justice of India, also stated that converting civil cases into criminal cases is unacceptable, warning of potential penalties on the police.
Civil and criminal cases are fundamentally different. Civil cases involve disputes over private rights and obligations, like property and money. Criminal cases involve offenses against society and lead to punishments for offenders, such as theft and fraud.