The court agreed to withdraw the case, but only if the defendant-applicant paid costs (Agency File)
When the client asked the court to allow her to withdraw the case, she said, “Court nahi aa sakte baar baar, kaam chod ke (You cannot go to court from get off work again and again)
The Delhi High Court on Thursday allowed the plaintiff to withdraw her criminal case after she said she was tired of having to leave work to attend court hearings.
The party concerned has filed a criminal complaint against another person and the matter is being prosecuted in the Court of First Instance. However, both the complainant and the respondent (petitioner) approached the High Court seeking leave to resolve the matter.
When asking the court to allow her to withdraw the case, the client said, “Court nahi aa sakte baar baar, kaam chod ke (You cannot go to court from get off work again and again).”
Commenting on the case, Justice Anup Bhambhani said it was a result of litigation fatigue. “Now, that's the real reason seven out of 10 cases are dropped. It's what you call litigation fatigue, you can't keep going to court to pursue cases,” he said, quoted bar and bench.
He also said that this did not appear to be the only reason for withdrawing the case.
“The complainant also withdrew the FIR during the cross-examination stage because she knew that you (the applicant) would further embarrass her,” the judge observed.
However, the court agreed to dismiss the case on condition that the defendant-applicant pay costs.
