The Delhi High Court on Thursday allowed a complainant to withdraw a criminal case after the former indicated that she was tired of having to leave work to attend court hearings.
The litigant had filed a criminal case against another and proceedings were ongoing at the trial court on the matter. However, both the complainant and the accused (petitioner) went to the High Court in order to get permission to settle the matter.
While requesting the Court to allow her to withdraw the case, the litigant said, “Court nahi aa sakte baar baar, kaam chod ke (Can’t leave work again and again to come to court).”
Commenting on this case, Justice Anup Bhambhani said 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, as quoted by Bar and Bench.
He also said that this did not appear to be the only reason for the withdrawal of the case.
“The complainant is also withdrawing the FIR at the cross-examination stage because she knows you (petitioner) will embarrass her further,” the Judge noted.
However, the Court agreed to allow the withdrawal of the case on the condition that the accused-petitioner paid the costs.
Comments
0 comment