Jahanvi Agarwal
On 29th August 2024, the Delhi High Court allowed the withdrawal of a criminal case after the complainant expressed her frustration over the inconvenience of attending frequent court hearings, which disrupted her work life. The complainant, who had initiated the case, sought the Court’s permission to settle the matter, citing her inability to “keep leaving work again and again to come to court.”
Justice Anup Bhambhani highlighted this as a classic example of “litigation fatigue”, a phenomenon where the prolonged nature of legal proceedings exhausts the parties involved. He pointed out that this fatigue often leads to the withdrawal of cases, noting that the complainant was also likely withdrawing her case to avoid further embarrassment during cross-examination.
The Court ultimately allowed the withdrawal but imposed a cost on the accused-petitioner, emphasizing that without this penalty, the case would have continued to drag on. Despite the petitioner’s counsel arguing against the imposition of costs due to the case being a legal aid matter, the Court was firm in its decision, stating, “Cost dena padega. Nahi toh case chalta rahega” meaning, “The cost will have to be paid. Otherwise, the case will continue”. The petitioner was ordered to pay ₹10,000 as a condition for settling the matter.