"Baar baar nahi aa sakte": Woman withdraws case before Delhi High Court citing 'litigation fatigue'

The Delhi High Court on Thursday allowed the withdrawal of a criminal case after the complainant indicated that she had grown weary of having to leave work to attend court hearings. .The litigant had filed a criminal case against another. Trial court proceedings were ongoing when both the complainant and the accused (petitioner) approached the High Court for 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 observed that this was a result 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 eventually agreed to allow the withdrawal of the case, provided that the accused-petitioner paid 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. Though the petitioner's counsel tried to urge the Court not to impose any costs, considering that it is a legal aid matter, the Bench was not persuaded."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. Petitioner was represented by Advocate Ujwal Ghai.