The Delhi High Court on Thursday permitted the withdrawal of a criminal case after the complainant expressed that she was tired of repeatedly missing work to attend court hearings.
The litigant had initially filed a criminal case against another party, and while the trial was ongoing, both the complainant and the accused approached the High Court seeking permission to settle the matter.
The complainant explained, “I can’t keep leaving work to come to court,” as she urged the Court to allow her to withdraw the case.
Justice Anup Bhambhani acknowledged that this was a classic example of litigation fatigue.
“This is the real reason behind the withdrawal of cases in the majority of matters—litigation fatigue. People can’t keep coming to court over and over again to pursue a case,” the judge observed.
However, he also noted that this wasn’t the only factor influencing the decision to withdraw the case.
“The complainant is also withdrawing the FIR at the cross-examination stage because she knows the petitioner will further embarrass her,” the judge added.
Ultimately, the Court allowed the case to be withdrawn, but only on the condition that the accused-petitioner paid costs.
“It is clear that two factors have driven her to withdraw the case: the time spent pursuing the matter and the embarrassment she would face during cross-examination. Therefore, we impose costs on the petitioner,” the Court ruled.
Although the petitioner’s counsel requested the Court to waive the costs, given that it was a legal aid matter, the Bench was unmoved.
“Costs must be paid. Otherwise, the case will continue,” Justice Bhambhani insisted.
The Court imposed a ₹10,000 cost on the petitioner as a condition for settling the case.
