On Thursday, the Delhi High Court permitted the withdrawal of a criminal case after the complainant expressed her exhaustion from having to take time off work for court hearings.
The litigant had initiated a criminal case against another individual. While trial court proceedings were still underway, both the complainant and the accused (petitioner) sought the High Court's permission to settle the matter.
"Court nahi aa sakte baar baar, kaam chod ke (Can't leave work again and again to come to court)," the litigant explained while urging the Court to allow her to withdraw the case.
Justice Anup Bhambhani noted that this situation was a consequence of litigation fatigue.
"Now this is the real reason for the withdrawal of cases in 7 out of 10 matters. That is what you called litigation fatigue and you cannot keep coming to court to pursue the case," he said.
He added that it did not appear to be the sole reason for the withdrawal of the case.
"She (complainant) is also withdrawing the FIR at the cross-examination stage because she knows you (petitioner) will embarrass her further," the Judge noted.
The Court ultimately agreed to permit the withdrawal of the case, on the condition that the accused-petitioner paid the associated costs.
"It is clear that the two reasons which have compelled her (complainant) to withdraw the case is that time goes on pursuing the matter and the embarrassment which would be faced when being examined. We impose costs on the petitioner," the Court said.
Although the petitioner's counsel requested the Court to refrain from imposing any costs, arguing that it was a legal aid matter, the Bench was not convinced.
"Cost dena padega. Nahi toh case chalta rahega.(The cost will have to be paid. Otherwise, the case will continue)," Justice Bhambhani said.
Costs of ₹10,000 were eventually imposed on the petitioner as a condition for the settlement of the case.
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